CPLC Lunchtime seminar: 'Can Parents Sell Their Children’s Property'

Speaker: Dr Rachel Leow (LSE)

The aim of this paper is to consider a simple question: can parents sell their (minor) children’s property? In general, parents are not agents of their children and cannot act to alter their children’s legal relations with others. While parents might be trustees of property held on trust for their children, their ability to sell that property and thereby affect the child’s rights under the trust is based on trusts law, not parenthood. In this paper, I consider another possible route: do parents’ ‘parental responsibility’ under s 3(1) of the Children Act 1989 empower parents to sell their minor children’s property in England and Wales? Although the limited existing academic commentary presents a mixed picture, I argue that parental responsibility for a child does confer some powers to sell the child’s property. I also explain the constraints that exist on such powers and consider whether further constraints (eg court approval) ought to be required.

Sandwiches served in the Lower Ground Atrium between 12.30pm and 1pm; seminar to commence in S19 at 1pm.

Open to Faculty members, visitors, invitees and LLM/MCL/PhD students.

We hope that you can make it to these exciting events: Peter Candy, Poorna Mysoor, Eugene Shevchuk, Fleur Stolker (Convenors)