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Estate of Johnny: a mediation discreet to resolve the family feud?

the dispute of The succession of the singer may last six to ten years. Unless the different parties come to an agreement. This is an absolute classic for the n

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Estate of Johnny: a mediation discreet to resolve the family feud?

the dispute of The succession of the singer may last six to ten years. Unless the different parties come to an agreement.

This is an absolute classic for the notaries of France. Estates "ill-prepared" give rise to endless quarrels. The legacy of Johnny is no exception to the rule. The reading of the testament of their father, two of his four children have discovered that they had no right to anything. A shock in a French culture where it is impossible to disinherit his children.

the French law prohibited is permitted from 17 August 2015 the european regulation on international successions. "Exceptionally, they may be subject to the law of another State with which the deceased was at the time of death manifestly more closely connected than the one in which was his habitual residence," explains master Nathalie Thevenet-Grospiron, notary public in Annecy (74). The european regulation allows, however, to choose, and thus to fix in advance the law applicable to his succession, opting in his lifetime for his national law.

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Between the law of the country of last residence and national law, it would seem that Johnny Hallyday has chosen the first option. Since a few years, it was installed with Laeticia and their two daughters, Jade and Joy, in the United States in California, where, unlike in France, it is possible to disinherit his children. A choice that Laura Smet et David Hallyday challenge today.

Where ordinarily resident Johnny?

in Order to interpret this succession, some put forward the decision taken at the end of the year by the Court of cassation in the case of Maurice Jarre, california resident who, by will, had disinherited two of his children, including musician Jean-Michel Jarre. In this case, the highest court has recognized the validity of the will and confirmed the possibility to disinherit a child.

From there to conclude that the case of Johnny would be the same, there are a not. "The situation of Maurice Jarre was not comparable with that of Johnny Hallyday, makes master Francis Trémosa, notary in Toulouse the group Monassier. Maurice Jarre had lived for 50 years in the United States and had no connection with France outside of copyright. "

No similarity, therefore, with the ex-idol of young people, resident, recent United States, which ran between California, Switzerland and France.

In the course of the proceedings in contesting the will, the judges will need to answer this essential question: where was the habitual residence of the singer at the time he wrote his testament, in 2014. The law which applies to the succession is that of his last residence. Was it in Switzerland, France or the United States? If the court answers the Switzerland or France, you cannot disinherit Laura and David. In practice, the courts appreciate the concept of habitual residence according to multiple criteria: the place of children in school (California), but also the center of major economic activities (France).

A reserved portion of the estate for the benefit of all descendants

Even though the judge admitted that the last residence of the rocker as it was in California, all is not lost, however, for Laura and David.

"Their lawyers could still make a second argument: a fraud on the law, analysis of master François Trémosa." It will then be necessary to prove that the installation of the couple in California had clearly intended to disinherit the children of Johnny. Evidence a priori difficult to meet... "If fraud was proven, all acts could be attacked," says teacher Marie-Christine Cazals, a lawyer with the paris specialized in estate law. This includes the last will and testament, Johnny, and possibly, if the evidence of the specific fraud is reported, the operations carried out in recent years about his heritage."

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In any case, for master Francis Trémosa, the estate of Johnny also raises a burning question in French right around the reserved share (minimum share that must go to the children in the estates and that it is therefore impossible to disinherit). To this end connoisseur of the subject, if the Court of cassation was seized of the matter, the children injured can hope to win the case as the links between their father and California seem to be weak.

A procedure that blocks the estate

regardless of the arguments advanced by the lawyers, a procedure that blocks the settlement of the succession. "The challenge of an estate can take years before it is completed," says master Nathalie Thevenet-Grospiron. This can last for six to ten years before coming to a decision of the Court of cassation. During the whole process, will ask the question of the management of the estate and of the apprehension of the revenue. An ad hoc administrator may be appointed to that effect."

A complex situation and financially sensitive which could get Laeticia Hallyday and the elders of Johnny, putting them around the table for a mediation. This would help de to resolve their dispute in a larger discretion, and to reach an amicable resolution of the matter more quickly than a judicial procedure more challenging and more costly, suggests master Nathalie Thevenet-Grospiron. In other words, the lawyers of Laeticia, Laura and David could find an arrangement and sign an agreement for a new distribution of souvenirs and goods between them.

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the question is whether the ex-wife is ready to negotiate and to share a part of the estate of her rocker husband. Recall that the issue is not just about the houses and cars of collection, but also on the catalogue of the singer, rich of 1,300 shares. The main advantage of mediation to Laeticia, however: the principle of confidentiality guaranteed by such a process.

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