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Selling French property using a Deputyship Order

This information has been prepared by Sykes Anderson Perry Limited as a general guide only and does not constitute advice on any specific matter. We strongly recommend that you seek professional advice before taking action. No liability can be accepted by us for any action taken or not taken as a result of any information or advice given or omitted.

Mr X who is elderly owns a flat in France. He has a daughter Mrs A. Mr X now lacks mental capacity and the court has appointed Mrs A as his Deputy under an English Deputyship Order with specific power to sell the French property.

The Deputyship Order has been made in the English Courts as Mr X is permanently resident in a nursing home in England.

The English Deputyship Order must specifically confer rights to sell the French property on the Deputy. In order to sell the property using the English Deputyship Order, exequatur proceedings must be brought in the French Courts. It is necessary to establish that the English court has jurisdiction to make such an order and that the order was not made fraudulently.

Once a French exequatur order has been obtained any French notaire will be able to deal with the sale of the property by the Deputy.

Sykes Anderson Perry can assist you in obtaining the required French exequatur order quickly and efficiently and deal with all related queries.

 November 2016

Nicole Gallop Mildon

Solicitor and diplômée notaire