Right Or Wrong ?
The formalities consequent
upon my mother's death seem to have gone on for far too long. I now
believe they are at an end but not without a final episode which has
left an unpleasant taste in my mouth.
Prior to my mother having
state-provided carers she had engaged a lady from a list offered by
Age Concern to help her with housework. This engagement continued
until her death. The lady did a sterling job and was helpful beyond
the strict terms of her engagement. When my mother died I felt that
this lady should receive something from my mother's minimal estate
and said to her to take £200 from the bank account she was managing
for my mother (the account contained only £395). She did this but
then claimed I had told her she could have all the money in the
account, which I know I did not do (I did not know at the time what
bills might be outstanding) and which her subsequent withdrawal of
exactly £200 confirmed. As I've said, this lady did a lot for my
mother, almost certainly doing extra jobs for which she may not have
been paid, so what should I do? I decided that since I had
determined that a bequest of £200 was appropriate I was going to
stick by that, and did. The result was an unpleasant exchange of
emails and a very soured relationship.
Did I do right? On one
hand it seemed stupid to argue over a trivial sum which did not
matter to me, particularly regarding someone who had effectively
befriended my mother. On the other hand, this lady's work is with
people who are vulnerable and, if I let this pass, would the same be
repeated? Indeed, should I report this “misunderstanding” to Age
Concern? I asked myself what my mother would have wished and thought
that she probably would have let the lady have the extra money; she
wouldn't have wanted what she would have called “bad blood”
between her and the lady. However, I stuck by what I knew to be the
situation and the £200 bequest. It did, though, leave me with a
very unpleasant and unwelcome feeling.
Inheritance
Claudine came round this
evening to eat with me and Steve and Jo and the discussion got onto
inheritance law. French inheritance law looks at first glance pretty
straightforward. Virtually all a deceased's estate has to be left to
members of the family and in designated proportions. There appears
to be little point in a will so I was surprised, when discussing this
with my cleaning lady, that she should comment that it was always
best to make a will (which has to be lodged with a notary).
I took the matter up with
Claudine. She confirmed that French inheritance law was indeed
extremely simple but only in extremely simple cases. That is, for
example, if a married person dies who has never been married before
and is married to someone who has never been married before and if
neither of the couple have any children outside of that marriage.
If, however, there has been a divorce somewhere along the line,
within the couple or indeed the putative inheritors, or if there are
step-children, all hell breaks loose. The previous simple
prescriptions for the simple case become Byzantine. The law, as it
stands, was simple not encoded to cater for such cases and a will
cannot override whatever the law, in any specific non-simple
situation, may decide. The result would seem to be a bun-fight for
lawyers who will get rich at the expense of putative inheritors.
This has convinced me that I need to see a notary soon to sort out
what, if anything, I need to do. I don't want to leave my kids with
a complex legal situation to resolve in a foreign country and in a
foreign language
Acceptance
I have recounted to
various friends my interchange with the Mairie over my website, why
the Mairie refused my gift of the website but wanted to copy it.
There were comments varying from “what do you expect from the
Mairie” to surpirse and indignation. I think the Mairie's reaction
was to do with acceptance and degrees thereof. I remember Pedro, my
roofer, saying to me three years ago, that when he had arrived 28
years earlier from Alsace that, as far as the village was concerned,
he might as well have arrived from outer space. At the time, even
people who arrived in the village from as nearby as Nyons (20kms)
would be regarded as “foreigners”. Time changes perceptions of
course but a lot of time is needed to change entrenched ones.
I reckon I'm pretty well
accepted in the village now. I remember writing, a couple of years
ago, that I felt I was accepted at boules because nobody any longer
felt the need to be polite to me; they felt free to swear at me, as
they would to anyone else, if I played a couple of bad shots. That
has moved on, as my boules playing has improved, to the point where
they react with puzzlement if I play badly: what went wrong? I take
that as a further degree of acceptance. The villagers who know me
even acknowledge, if with some surprise, that an Englishman can cook
as well as they can. But there's a limit. Clearly, an Englishman
writing about the village in the public domain in French as well as
in English was a step too far, for the time being at any rate. The
village had to assert itself.
That's fine by me and
relations regarding the website are very amicable. They will build
their website on the basis of mine and I will develop my site in my
own way. The boundaries, for the time being, have been established.
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