We regularly assist when English minors resident in England become involved with owning French property. As a result of the French entrenched laws of succession which are applicable as a matter of private international law, the children will by law inherit a share in any French immovable property owned by a parent who has died.
This includes any minor children. An English minor is not permitted under English law to own a legal estate in land and as a result the property cannot be dealt with until the children are of age.
However, it is possible to proceed with the sale of the property if an Order of the English Court can be obtained authorising the sale on behalf of the minor.
We have considerable experience in this type of application to the Court. We will assist in the appointment of a "litigation friend" for the child and the preparation of the witness statement and other papers required to be produced to the Court in liaison with our specialist Contentious Property Team.
From our extensive experience in dealing with these types of cases in practice, we have developed and refined our procedures so as to ensure that applications can be heard without delay and with the best chances of a successful outcome.