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Jan 5, 2017
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Came across this interesting article today. It's his money and he can do what he likes with it...

The heir to luxury retail empire Hermès is reportedly planning to adopt his 51-year-old gardener so he can pass on his $11 billion fortune

The billionaire grandson of the founder of fashion giant Hermès is reportedly planning to adopt his 51-year-old gardener as part of an audacious and acrimonious succession plan.

In a plot reminiscent of the movie Annie with a highly unusual twist, 80-year-old Nicolas Puech is in the process of making his “former gardener and handyman” from a “modest Moroccan family” his legal child, Swiss publication Tribune de Genève reported last week.

The Frenchman, who is unmarried and childless, is a fifth-generation heir of Thierry Hermès, who founded the luxury fashion house in 1837 by opening a workshop in Paris.

The brand has since grown to a valuation of $220 billion and is now the third-largest publicly listed company in France.

Puech—who reportedly owns around 5% or 6% of the company—is worth between 9 billion and 10 billion Swiss francs (between $10.3 billion and $11.4 billion), according to Swiss outlet Bilanmagazine, putting him among the richest people in Switzerland.

The billionaire is already in the process of passing on that wealth to his former gardener and has hired a legal team to take him through the process, Tribune de Genève reported. He is also reportedly in the process of rearranging the benefactors of his estate.

The gardener, whose identity is unknown, is reported to be married to a Spanish woman with whom he has two children. Tribune de Genève reports that he could inherit half of Puech’s wealth.

Italian outlet Sky TG24 reported that Puech had already handed the 51-year-old the keys to a property in Marrakesh, Morocco, and a villa in Montreux, Switzerland, worth a combined total of €5.5 million ($5.9 million).

A representative for Hermès didn’t reply to Fortune’s request for comment.

An unusual heir

Looking at Puech’s history with the company his grandfather founded, it becomes slightly clearer why he is looking to an unconventional subject to pass on his wealth.

In 2014 the Hermès heir quit the company’s supervisory board in acrimonious circumstances after fashion rival LVMH acquired 23% of Hermès as part of a hostile takeover bid, largely by stealth.

Puech’s other family members set up a holding company with their shares to block a takeover by LVMH, though Puech held on to his stake.

LVMH and founder Bernard Arnault later agreed to divest their shares in the company and agreed not to buy any more for five years. However, the feud appears to have caused unmendable wounds between Puech and his other family members.

“He resigned because he has felt for several years beleaguered by members of his family, who have attacked him on several fronts, not only regarding LVMH,” a spokesperson for Puech said at the time, Fashion Networkreported via AFP.

“He has had some very bad experiences and felt very badly and felt harshly criticized on numerous occasions, even while he is very attached to Hermès.”

Great wealth transfer

Puech makes up a wider pool of billionaires planning to pass on $5.2 trillion of wealth in the coming decades as part of the great wealth transfer, according to a study by Swiss bank UBS.

Those billionaires typically split their wealth between their offspring and philanthropic causes, while many make arrangements to hand over control of their lucrative companies to family members.

Puech, though, appears to be the first to have thrown out that convention in favor of someone who seemingly made quite the impression on his life.

There are obstacles to Puech’s audacious plans to hand over his fortune to a former gardener via adoption. While not an anomaly, the adoption of an adult is extremely rare, and the requirements for doing so in Switzerland, where Puech resides, are complex.

An adult can adopt another adult if they lived with them for at least a year when the adoptee was still a minor, according to ch.ch.

The billionaire heir also has to overcome a philanthropic commitment. Puech is understood to have previously pledged his fortune as part of a succession pact to Isocrates, a foundation created by him in 2011 that is dedicated to tackling misinformation.

In order to walk back his pledge to Isocrates, Puech may face a brutal fight akin to that which he had with his family members a decade ago.

Speaking to Tribune de Genève, Isocrates’s secretary general Nicolas Borsinger called Puech’s plan a “sudden and unilateral annulment of a succession agreement, done through an act that must be considered null and void.”

Indeed, Sky TG24 reports that the adoption is seen as a legal workaround to stop the foundation from contesting parts of Puech’s will.

 
There's a Bloomberg/Business of Fashion article out today about the LVMH/Hermès battle, but it's paywalled. I feel like it's ok to post relevant excerpts? Mods please delete if not:

On a chilly October day in Paris in 2010, Bertrand Puech got an unexpected call on his cellphone from Bernard Arnault, the founder of luxury giant LVMH Moët Hennessy Louis Vuitton SE and one of the world’s richest men. Arnault told Puech, the family patriarch at rival Hermès, that his company had amassed shares in the maker of the iconic Kelly and Birkin bags. The investment was friendly and aimed at offering Hermès strategic and operational help, Arnault would later say.

But to Puech and other Hermès heirs, his objective was clear: Arnault, whose often-ruthless takeovers of storied heritage brands have earned him the moniker “wolf in cashmere,” was out to conquer. For the fifth and sixth-generation Hermès owners, ceding their empire to a competitor would have been bad enough, but losing it to what they saw as Arnault’s flashy, marketing-driven group was “revolting,” Patrick Thomas, who was Hermès’ executive chairman, said at the time. Against formidable odds, the heirs repulsed Arnault’s advances, handing one of France’s most acquisitive businessmen a stunning defeat and preventing Hermès from becoming just another label in LVMH’s stable of about 75 brands that includes Louis Vuitton and Christian Dior.

....The crown jewel of the €362 billion global personal luxury goods industry, Hermès has thrived in large part due to its controlling family’s penchant for doing things in quaint ways that hark back to its nearly two-century-old heritage. Its top leather bags, which can go for anywhere between about $8,000 to well in the tens of thousands of dollars for a model with exotic skin like crocodile, are all handmade in ateliers dotting France.

...
At the onset of the battle with Arnault, the Dumas, Guerrand and Puech branches of the family — descended from the daughters of Émile — held about 73 percent of the company. As a Société en Commandite par Actions, or SCA — a limited joint stock partnership that gives a shareholder with even a relatively small stake huge sway — Hermès was already well protected against predators. But LVMH had managed to stealthily accumulate about 23 percent of the company’s shares. LVMH, which now owns just under 2 percent of Hermès, declined to comment on the episode.

Just weeks after Arnault’s phone call, about 50 Hermès descendants got together and unanimously agreed on the creation of an even tighter ring-fence. To protect against heirs who might be tempted to sell their stake to a potential raider, they created a holding structure that now has around 54.3 percent of Hermes’ shares and the right of first refusal to buy from an additional block of shares that family members own.

That fortification put in place over a decade ago is still led by Julie Guerrand, the sixth-generation director who abandoned a banking career at Rothschild & Co. in 2011 to help mount the defence against Arnault. At the end of 2022, the clan owned nearly 67 percent of Hermès, according to its annual report. Their grasp appears ironclad and the company’s lofty market capitalisation — nearly twice that of plane maker Airbus SE, a symbol of European engineering prowess — makes a hostile takeover remote.

“The Hermès family is a fantastic case study in the potential pitfalls of succession,” said Irina Curbelo, co-founder of family business consultant Percheron Advisory. “They were lucky to have been able to come together; many don’t.”

While the Hermès descendants came out on the winning side, the lessons learned from the fight continue to reverberate. Late last year, the heirs took a further step to unify their swelling fortunes by bringing together eight family offices and investment vehicles from various branches into a single entity called Krefeld Invest. Named for the village in western Germany where founder Thierry Hermès was born, it is charged with investing the personal wealth of its constituents.

The family declined to provide any information about the strategy of Krefeld. But a company representative commenting on Bloomberg calculations of the clan’s wealth said the constraints on the family’s ability to sell shares means any estimate of its fortune needs to factor in a discount of about 30 percent.

The fight with Arnault also jump-started the grooming of the next generation to run the company, with the executive committee now counting three heirs. Faced with an intruder, the clan was quick to join forces, but family members have sometimes clashed over what they have seen as the dominance of some. With the two top jobs at the company — that of the executive chairman and the chief creative director — both going to the Dumas branch, there have been jealousies at times from the other two branches, a person familiar with the matter said. In a bid to fend off criticism, Pierre-Alexis Dumas at first shared the artistic director role with cousin Pascale Mussard from the Guerrand lineage before she was edged out, according to the person.

But the group’s success and its generous dividends — €852 million in 2022 — have largely kept the family united. Under Axel Dumas, the nephew of Jean-Louis who’s been at the helm for a decade, sales have tripled and the share price has risen seven-fold. A former banker who has said he reluctantly joined the company, Dumas has cemented Hermès’ reach abroad — last year, the company opened a new Maison Hermès on Madison Avenue in New York.


...
During the fight against Arnault, the family warned that if Hermès were part of LVMH, pressure for profits would undermine the craftsmanship and traditions that have defined the brand. Over the years, Arnault has changed the face of Louis Vuitton, bringing in the likes of Marc Jacobs, a young designer who updated the products with quirky designs, and pushing to produce more as demand soared.

At Hermès, each bag is still made by a single artisan who can spend up to 20 hours on one Kelly model, folding and sewing together pieces of calf or crocodile skin. People familiar with the firm say the clan’s Protestant culture permeates the strategy, infusing a sense of individual responsibility for, say, a bag that will make the artisan proud.

Unlike many rivals, Hermès regularly updates investors on its manufacturing capacity. Its stated goal is to boost the output of its leather goods by around 7 percent annually — with the opening of one plant a year in France. That’s even though demand has created a backlog of orders for some sought-after purses that far outstrip this increase.

Here is the link for the entire article.
 
That's never going to work. It's more of a PR stunt.
French succession laws are some of the tightest ones, and they privilege natural descendants. Since the point of the adoption is to get around normal succession laws and piss off other rmembers of the family (there is plotting) it is almost guarantee to fail.
You do not do what you want with your succession money in France, especially in a high profile family/company. The State might even intervene in the background to restore order (see the Bettanccourt affair)...
 
I don't know anything about taxes in France, but in the US a certain amount of your estate can be passed to children tax free. I wonder if he is trying to do that. Otherwise he should just gift the money before he dies.
 
I don't know anything about taxes in France, but in the US a certain amount of your estate can be passed to children tax free. I wonder if he is trying to do that. Otherwise he should just gift the money before he dies.

Even the gifting is controlled. Otherwise one can use gifts to get around succession laws.
Basically, the laws aggressively protect the children and other descendants (grand children, nieces/nephews etc.). So even "gifts" can be questioned a posteriori and even recalled.
 
Even the gifting is controlled. Otherwise one can use gifts to get around succession laws.
Basically, the laws aggressively protect the children and other descendants (grand children, nieces/nephews etc.). So even "gifts" can be questioned a posteriori and even recalled.
Perhaps he should just marry the gardener so that he would get the spousal inheritance benefits!
 
Perhaps he should just marry the gardener so that he would get the spousal inheritance benefits!

Even marriage does not get around succession laws. Spouses are not favoured in French succession law. It is all about descendance.

But, given that the intention has been announced to use this "adoption" for the purposes of lawfare/feuding with other members of the family... A judge can strike it I think. Really, the problem is making known this intention. I don't think it will go far.
Plus adopting an adult is just plain weird...

Not a lawyer though. But French successions are something else and pretty much everyone is familiar with the laws.
Also Hermes will be viewed as strategic French asset. They won't let nonsense happen dude.
 
Even marriage does not get around succession laws. Spouses are not favoured in French succession law. It is all about descendance.

But, given that the intention has been announced to use this "adoption" for the purposes of lawfare/feuding with other members of the family... A judge can strike it I think. Really, the problem is making known this intention. I don't think it will go far.
Plus adopting an adult is just plain weird...

Not a lawyer though. But French successions are something else and pretty much everyone is familiar with the laws.
Also Hermes will be viewed as strategic French asset. They won't let nonsense happen dude.
The article says he doesn’t have children.
 
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