Key Facts
- •15-year-old N's parents apply for authorisation to accept a one-third share of a Swiss property on his behalf.
- •N's father is the legal and beneficial owner and will transfer shares to N's mother, brother, and N.
- •Swiss law requires authorisation from N's habitual residence (UK) as he is not domiciled in Switzerland.
- •The application follows the procedure outlined in Re AC [2020] EWFC 90 and Re B [2022] EWFC 7.
- •N is content with the proposal, and a Deed of Agreement protects him from costs and liabilities.
Legal Principles
Authorisation is required from the courts of the minor's habitual residence to accept a gift of property under Swiss law when the minor is not domiciled in Switzerland.
Swiss Law
The court's authorisation to accept property on behalf of a minor is governed by the same legal and procedural principles as set out in Re AC [2020] EWFC 90 and Re B [2022] EWFC 7, regardless of whether the property is inherited or gifted.
Re AC [2020] EWFC 90 and Re B [2022] EWFC 7
The court must consider the welfare checklist and the paramountcy principle in deciding whether to grant authorisation to accept a gift on behalf of a minor.
Children Act 1989
Outcomes
The court granted authorisation for N to accept the gift.
The application was comprehensive, followed proper procedure, N consented, and the arrangement protected his interests.