Can I do anything to sell the family home that is now also partly registered in the names of my minor children, following the sudden death of my husband/their father, as I need to re-organise financially and would like to purchase a smaller and cheaper property and invest the balance after the sale of our villa?


Not without prior permission from court - you would have to persuade it that the sale is in the minor children's good, and you would have to act under strict instructions given concerning your proposed plan, too, to protect their property rights, even if your application was approved.

Under the 1962 Legal Capacity and Guardianship Act, even though parents are their minor children's natural guardians they cannot act to sell their real estate rights without court permission and under its direction. The court is seen as acting to protect the minors' interests.

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