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French Inheritance Law in the News

Testament

Just in case our Dear Readers never, ever, for a second read any French news and do not know that the country's most beloved pop star and Elvis imitator died last year, he did. Johnny Hallyday was in his seventies and worth something over one hundred million euros. The press coverage about the dispute over his will and estate is worth following the better to understand (in an easy to read and entertaining way) how French inheritance law works and why your French ancestors followed certain legal procedures.

In particular, many of you have reported a letter to your ancestor from a French notaire concerning an inheritance. We have successfully researched notarial records and found letters from heirs who had emigrated to North America, thus determining the relationship between family members on either side of the Atlantic.

French wills and the sales of inherited property often have family genealogies written into them, with documentary proof on file. Why this is so is primarily because French law requires that all of the deceased's children and, perhaps, other heirs receive equal shares of the estate. No child can be disinherited. No child may receive a disproportionate share. This often baffles the non-French, many of whom come from cultures in which every person with money may do as he or she wishes, even after death (and they use the threat of disinheritance as a long-term tool of abuse and manipulation in life). Conversely, the French are just as ignorant of American or British inheritance law and are so baffled by the idea of trusts that these are defined in French news articles about the case.

 

Johnny Hallyday

Johnny Hallyday had, as is wont with such types, many relationships and liaisons producing a few children, two of whom he seemed no longer to appreciate. At the time of his death, he had homes in France and California, as well as elsewhere. In his will, he said he was a resident of California, lived there, and sent his two younger children to school there. In this Californian will, he left his entire estate to his wife and two younger children, with his wife as executor; the two elder children were left nothing. The management of the estate was put into a trust. It is a perfectly legal will in California but would be completely illegal in France. Not surprisingly, the elder children are contesting it in court. 

Because the estate is so large, the case is in the news quite a lot and will be so until there shall be a final ruling. We strongly urge you to read the articles about it in English and, if you can, in French as well, for it is an excellent and topical education on the subject.

 

©2018 Anne Morddel

French Genealogy

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