Child`s property management

[Pagitago]

Dear friends
I am a Polish lawyer and I try to understand English regulations concerning child`s property management. Unfortunatelly I can not figure out this one.
According to section 2(7) CA 1989 "Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child"
Because of above regulations I have some questions.
I will be really grateful for your help .
1. Is it true that important decisions concerning the child's property (like selling child`s car) have to be made together by all people who have PR?
2. Is it true that important decisions concerning the child's property (like selling child`s car) can be without consent or a control of a court ?
3. Is it true that children in UK can not to have own real estate? I found information on the internet that „A minor under the age of 18 cannot own land or property in England or Wales”. I guess that a child can not be owner real estate.
- How it looks like in case of intestacy inheritance?
- How it looks like in case of testacy inheritance?
- How it looks like in case of donation?
- What about other objects (like for example car)?
4. I`ve read that „Anyone who wishes to donate a sum to a child may do so by way of lifetime gift. For small sums, the money can be given to the child’s parent or guardian to invest on the child’s behalf. However, for larger sums a gift into trust may be more appropriate.” I guess that I can donate a sum to a child and in case of small sums I can only ask parents to be fair to buy something for a child. There is no control on this sums. When it comes to bigger sums I have two choices. I can create trust or I can donate this sum without usin trust but than there is no control what parents do with this sums.
5. Is it possible to take money form a child`s bank account without any control of the court? What is the amount that I can take independent without knowledge and consent of the other parent.
6. Child can buy something for their earnings. What if the child wants to buy real estate or some expensive item with savings belonging to their earnings?
PS. I am sorry for my English. I am not fluent.

[Sam101]

As this is a matter concerning a minor I do feel that it would be wise for you to obtain advice from another solicitor directly rather than from a general forum, as answers that you may act on may not benefit the child and could be held against you in law.

There are firms in the UK who work with solicitors in other countries, which your regulatory authority should be aware of and could guide you.

[jaguarsuk]

1. Is it true that important decisions concerning the child's property (like selling child`s car) have to be made together by all people who have PR?

No, 'each of them may act alone and without the other (or others) in meeting that responsibility'

2. Is it true that important decisions concerning the child's property (like selling child`s car) can be without consent or a control of a court ?

Yes, so long as the person or persons doing such have Parental Responsibility.

3. Is it true that children in UK can not to have own real estate? I found information on the internet that „A minor under the age of 18 cannot own land or property in England or Wales”. I guess that a child can not be owner real estate.
- How it looks like in case of intestacy inheritance?
- How it looks like in case of testacy inheritance?
- How it looks like in case of donation?

No they cannot, in these examples the property would be held in trust until the child reaches legal age to be able to own it themselves.

- What about other objects (like for example car)?

A car can be owned by a child, our legal age of driving is seventeen and one does not become an adult in England and Wales until the age of eighteen, they just cannot purchase a car on finance they must be able to pay for it in full at the point of sale.

There is no limit on the value of goods that a child can purchase, but a large purchase(s) may raise questions about the source of the money involved and how the child has come to have that amount.

4. I`ve read that „Anyone who wishes to donate a sum to a child may do so by way of lifetime gift. For small sums, the money can be given to the child’s parent or guardian to invest on the child’s behalf. However, for larger sums a gift into trust may be more appropriate.” I guess that I can donate a sum to a child and in case of small sums I can only ask parents to be fair to buy something for a child. There is no control on this sums. When it comes to bigger sums I have two choices. I can create trust or I can donate this sum without usin trust but than there is no control what parents do with this sums.

No if you were to donate a small sum you cannot control what they spend it on unless you made them enter into a contract for receipt of the sum. If they then did not spend the monies in accordance with the contract you would then be able to sue for breach of contract.

In larger sums you must put it into trust and this will allow control as there are guides on what the sums would be invested in in terms of risk until the child becomes of age to receive the sum themselves.

5. Is it possible to take money form a child`s bank account without any control of the court? What is the amount that I can take independent without knowledge and consent of the other parent.

Only a person with parental responsibility and named on the account can take funds from a child's bank account without a court order.

Assuming you are named on the account and it has not been set up with a two parent signing rule, you could take as much out of the account as you wanted without the knowledge of the other parent.

Only if a two parent signing rule has been placed on the account would you need the other parent(s) consent.

6. Child can buy something for their earnings. What if the child wants to buy real estate or some expensive item with savings belonging to their earnings?

They can buy expensive items with their money because it is their money, however they cannot buy property.