Case Example - Court of Protection and Foreign Property

26/06/19

 

I was contacted by a family member of a young girl who had learning difficulties and lacked capacity to manage her property and financial affairs. At the time a Deputyship was not in place because she did not have any savings and any future state benefits she received would be managed by an appointee.

Following the death of her grandfather this young girl inherited a share of a property in France. Those dealing with the estate in France had agreed a sale and were about to complete when they discovered that they needed this girl's consent or at least the consent of someone authorised to give it on her behalf. As mentioned above there was no Deputy so no such person could sign on her behalf which meant the sale was about to fall through.

Fortunately having prepared an application to the Court of Protection with a request to Fast-track it, the Court issued an Order with permission for her uncle to sign the sale on her behalf thereby saving the sale from falling through and enabling her to benefit from the proceeds of sale.

 

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