“Que Je T’Aime”: L’affaire d’heritage de Johnny Hallyday

Johnny Hallyday, nicknamed the “French Elvis,” passed away in December of last year at the age of 74. In a will executed in California, the signer left all of his assets to his fourth wife Laeticia in trust, which will then pass to their two adopted – Jade and Joy – children upon her death. Here are the problems: Johnny was a French national that split his time between homes in Los Angeles and Barthélémy, a French Caribbean island. France has a law of forced heirship that may entitle Hallyday’s two children from previous marriages, Laura and David Hallyday, a portion of their late father’s estate. But that law hinges upon the domicile of the French national as the domiciled country’s laws would dictate the disposition of the estate.

Did Hallyday become domiciled in California or even intend to become domiciled in California? For persons who have homes in more than one place, this can be a difficult question to answer as there are numerous factors that can contribute to this analysis. California also has a statute that says anyone can select any law to govern the disposition of the estate under that instrument, as long as it would not offend California public policy, not matter the estate holder’s domicile.

The idea of not leaving anything to children upon one’s death appears to be completely abhorrent in French culture. The tabloids have simply been in a frenzy wondering what will come of “French Elvis” and his children. This adds to the question of why the sole beneficiary of Hallyday’s will, Laeticia, has not yet validated her late husband’s will in California courts but has instead allowed the litigation to be held in the courts in France.

See Adam Streisand, “Que Je T’Aime”: L’affaire d’heritage de Johnny Hallyday, National Law Review, August 21, 2018.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this article to my attention.