Adult Adoption . . . Inheriting Hermès fortune

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Hermès History

In 1837, Thierry Hermès established the fabled marque in Paris. Originally a saddle-making workshop when horse-drawn transportation was common, Hermès continues to utilize the equine theme in the luxury goods made today.  Such goods include scarves, handbags, small leather goods, ready-to-wear, shoes, and home goods, including the Avalon blanket.

The Hermès “marque” is synonymous with luxury goods . . . the most famous of which are the Birkin Bag and Kelly Bag – both named for women known for their exquisite fashion sense and style: Jane Birkin and Grace Kelly. While the Kelly bag had been in production since the 1930s, Hermès adopted the Kelly name in 1956 after a photograph of the Princess carrying the bag was plastered around the world. The Birkin bag was specifically crafted for the actress and singer after she met Jean-Louis Dumas on a flight where the contents of her bag spilled onto the floor.  Monsieur Dumas designed the Birkin to create the ideal bag that would be both elegant and voluminous.

Will a Gardener Inherit a piece of the Hermès fortune? 

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In 2022, Hermès earned 11.6 billion Euros making it the second most valuable luxury brand in the world next to LVMH (Louis Vuitton Moet Hennessey), also based on Paris.

Recently, an heir of the Hermès company, Nicolas Puech, 80, has purportedly began the process of adopting is his former gardener, aged 51, and cancel a “succession agreement” whereby he pledged to fund a charity he established in 2011. The estimated value of the lucky gardener’s share of the inheritance is over $5 billion Euros. Nicolas Puech is a direct descendant of Thierry Hermès; he is unmarried and childless.

Swiss Law – Adult Adoption, Contract of Succession, and Inheritance

In Switzerland, a person may create a will or enter into a contract of succession. A contract of succession must be signed before a notary public by both the maker and the recipient.  All contracting parties must agree to amend a contract of succession.

While Switzerland permits adult adoption, it is rare, as is the case in most jurisdictions around the world.  It is permissible to adopt a an adult, but only under certain circumstances.  The adopter must demonstrate that there are “important reasons” to adopt the adult.  The adopter and adoptee must have lived together for a year.

As a Swiss citizen and resident of Martigny, Switzerland, the proceeding will take place in the canton of Valais.  Without question, the requested adult adoption will face challenges from both the charitable fund and the remaining family members in control of the Hermès fortune.  Given the staunch opposition and legal hurdles of adult adoption, it is unlikely the adoption will be approved and recognized by the Swiss courts.

Disinheritance

While adult adoption is rare, Monsieur Puech’s attempts to disinherit are not uncommon.  At Baxter-Thompson Law, we can help when your inheritance is threatened by an interloper trying to gain control of a person with waning capacity or by shutting out family members.  To discuss how to preserve your rightful inheritance, contact our office for a free consultation.

Insights on Mendell v. Scott

Mendell v. Scott, No. 01-20-00578-CV, 2023 WL 4712050 (Tex. App.—Houston [1st Dist.] July 25, 2023, no pet.)(mem.op.).

Mendell was the trustee of various Trusts left for her nephew and niece, which were created at their Uncle Mutt’s death in August 2017.

After numerous requests for information and distributions, the beneficiaries sued Mendell as Trustee and in her individual capacity in April 2019. The suit included allegations of breach of fiduciary duty, a request to declare the Trusts terminated, and that the nephew and niece were the beneficiaries entitled to the Trusts’ assets. The beneficiaries sought a Court order compelling Mendell to wind up the Trusts and distribute the remaining assets to the beneficiaries, outright and free of trust.

Mendell responded with a counter suit against the beneficiaries seeking to enforce the Trusts’ terms and request that her attorney’s fees and expenses be reimbursed from the Trust.

The beneficiaries sought summary judgment on various issues and won. Whether Mendell had breached her fiduciary duty went to trial before a jury. The jury “came to a unanimous verdict that found Mendell breached her fiduciary duty in five different ways and awarded damages and attorney’s fees” to the beneficiaries. The jury awarded $715,792.21 in damages and attorney’s fees against Mendell in her individual capacity. Not only did the jury award the beneficiaries their attorney’s fees to be paid out of Mendell’s personal funds, but Mendell was also ordered to pay back the fees she paid out of the Trust to her own attorneys in the amount of $200,000.

On appeal, Mendell argued that the Trust should pay the attorney’s fees award, not Mendell personally. The Court of Appeals rejected this argument and “concluded that the terms of the Trust do not prevail over the statutorily authorized attorney’s fees in light of the evidence supporting the jury’s findings that Mendall breached her fiduciary duties and acted with malice.”

Section 111.0035 of the Property Code provides: “The terms of a trust
prevail over any provision of this subtitle, except that the terms of a
trust may not limit … a trustee’s duty … to act in good faith and in
accordance with the purposes of the trust[.]” TEX. PROP. CODE §
111.0035(b)(4)(B)(emphasis added).

MORAL OF THE STORY:
When a Trustee acts with malice, the Trust language can’t exonerate them, and the Trustee can
be held personally liable for its acts.

Dallas County Probate Courts Resources

Dallas County Probate Courts provide numerous forms, checklists, instructions and links to zoom hearings on their website.

For the Probate Court of Dallas County, click here:

https://www.dallascounty.org/government/courts/probate/probate1/

For the Probate Court No. 2 of Dallas County, click here:

https://www.dallascounty.org/government/courts/probate/probate2/

For the Probate Court No. 3 of Dallas County, click here:

https://www.dallascounty.org/government/courts/probate/probate3/

2023 Changes To The Texas Estates Code And Trust Code

The Texas Legislature meets every other year to tinker with the laws of the State of Texas. In

2023, several changes were made to the Estates Code and Trust Code. The following changes

were made to address various issues:

 

Qualified Delivery Method – Given the trouble with green cards (the fact that they are either

never returned or returned without a signature) the Legislature implanted a new rule permitting

delivery by private delivery services permitted by the U.S. Secretary of the Treasury with proof

of delivery receipt. This includes UPS, DHL, and FedEx.

 

Oath or Declaration – Where an oath was previously required, which necessitated having a

notary public, the statutes have been revised to permit declarations, which do not require a

notary. The form of the declaration is prescribed in each specific statute.

 

Wavier of Service of Citation – Previously, an individual aged 12 years or older could not waive

citation. The parent or legal guardian could waive citation for a minor 12 years or younger.

Thus, any person aged 12 years or older had to be personally served with citation. Section

202.056 was revised to permit a parent to waive service of citation on a child aged 15 years old

or younger – and any individual aged 16 or older may waive service of citation.