1883-1904 & Inheritance Laws of England (France?)

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lonestarlibrarian

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I'm flexible with my time period--- sometime during/after the late 1880's, but before 1905.

I'm thinking England, just because I'm more familiar with it, although I could shift the whole setting to France if there are any interesting bits of trivia that could be incorporated.

FMC is an heiress. She inherits a fortune from her father, who left it to her in his will. He's a normal, non-aristocratic person, so it's all personal property, no entailments, no titles, etc.

Her mother is alive. She got a little something in the will, but the bulk of the fortune went to her daughter.

The mother is trying to plot with Villain to romance her daughter, so Mom & Villain can run off and enjoy the fortune.

If I'm not mistaken, the Married Women's Property Act of 1882 means that a woman can inherit at that point in time, right? And whatever she inherits is hers, free and clear, and her husband no longer has direct control over his wife's fortune, especially if she acquired it prior to her marriage, correct?

So, no matter how Mom & Villain scheme, if he was successful in marrying her, he would be dependent upon his wife's generosity towards him, rather than having the ability to outright legally steal her property from under her?

And if, suppose, a terrible accident were to befall FMC before she made a will of her own, it would default to Villain, if they were married/no kids?

Or, if a terrible accident were to befall both FMC and Villain in one go, it would default back to Mom, if there were no children and no will? And obviously presuming that no crime could be traced to either of them...?

Any useful bits of trivia about inheritance laws/customs of the time, or if there's a gaping flaw in their cunning plan-- would be appreciated. Thanks!
 

benbenberi

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The cunning plot fails at the last step. Inheritance under common law always flowed downward through lines of descent, never back up to ancestors, so Mom could never inherit from her daughter without a will. If the daughter dies intestate, the estate goes to her natural heir as identified by the standard rules of inheritance -- a sibling, a cousin, whoever. If she had a living husband (the villain, in your scenario) he would get the movables and a life-interest in the property, but it's not actually his: when he dies whatever's left would go to the daughter's heir.

If you relocate to France, you need to consult someone who knows French law. The Code Napoleon & its evolution are totally different from English common law, & the rules around inheritance will have been detailed and explicit.
 
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lonestarlibrarian

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Oh, how interesting. In modern-day Texas, if a child dies intestate without issue, the parents are entitled to inherit equally. If one parent has predeceased the child, then the remaining parent gets everything. If you have siblings or nieces or nephews, then the parental share is only 1/2, and the remaining half is divided between siblings/nieces/nephews. If your parents predecease you, everything goes to siblings/nephews/nieces, and if you have no parents and no siblings and no nieces or nephews and you die intestate, then half goes to your mother's side of the family, divided equally between the primary relatives there, and half goes to your father's side of the family, divided the same. And if one side of your family has died out, then the whole thing goes to the remaining side of the family...

It never occurred to me that wasn't the norm. :)

Following links and reading more. Thank you for your help!
 
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