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Is French Probate Genealogy on the Skids*?

Death in France

The eminent genealogy professor, Stéphane Cosson, has written an interesting blog post about the difficulties currently being experienced by French probate genealogists. He informs us that quite a few of them are going broke and his purpose in writing is to suggest a different business model.

Companies and individuals engaging in probate genealogy, (la généalogie successorale,) have, Monsieur Cosson explains, two basic types of projects:

  1. Documenting all heirs to an estate, with appropriate birth, marriage and death registrations, as well as any other relevant documents . These projects are carried out at the request of a notaire who is handling the estate. The fees are set and are rather low. If an heir be missed out by the genealogist, his or her insurance covers the payout due to that heir. This type of project consumes about 60% of a probate genealogist's work, but brings in much less than half the income, often not even covering costs.
  2. Hunting unknown heirs to an estate, which involves finding people related to the deceased but whom no one in the family knows exists. These are the big money projects as, before the genealogist will reveal to the heir the way to collect the inheritance, he or she requires that a contractual agreement be signed, giving over a hefty percentage of the inheritance. 

We have never quite been able to work out the legality of the second type of project for, if by law an heir has a right to an inheritance, surely then anyone who knows of it has an obligation to inform him or her of that inheritance. Placing an obstacle such as a contract that must be signed in the way of that obligation to inform seems to us to be the private medicine approach to the process, or comparable to refusing to tell a person who has the right to vote where he or she may do so until a contract be signed and a fee agreed. Nevertheless, that is how things are here but now, after some two hundred years, it is no longer working so well.

We would like to propose two additional causes of the probate genealogists' troubles to add to Monsieur Cosson's list.

  1. The increasing popularity of family research as a hobby in France means that people now are much more aware of who their relatives are and of any relationship to a person who might leave a tidy sum. Though battles have been fought between knowledgeable heirs and the larger probate genealogy research companies, it seems pretty clear that family historians will probably inform one another of legal procedures to follow to ensure that they will not have to sign contracts and pay fees.
  2. With the increasing influence of North American genealogy practices and styles (note the increased presence of French genealogists at RootsTech and the increasing number of liaisons between FamilySearch and French archives) views of this somewhat parasitic form of genealogy may be changing in France. If one reads the Standards of Practice and Conduct on the website of the Council for the Advancement of Forensic Genealogy, the first two points specifically prohibit the most lucrative and desirable type of research project of French probate genealogists:
    1. "Not take a forensic genealogy case on a speculative, contingent, percentage, or outcome-based fee agreement as many jurisdictions have found this constitutes a conflict of interest; 
    2. Not recruit beneficiaries or heirs for my own business, for other firms, or for attorneys..."

Because of the legal requirements concerning the distribution of an estate in France, notaires will always need probate genealogists to document fully all heirs to an estate, as in the first type of project described above. However, the second type of project may be, we posit, on its way out. Some genealogists would have to adapt to avoid suffering, but all heirs would be much better off.

 

©2018 Anne Morddel

French Genealogy

 

*For our French readers, translation websites interpret this phrase to mean "sur les patins" ("on skates"); non! non! non! non! "On the skids" translates most closely to "être sur le déclin" or "battre de l'aile".

 

 

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