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  #81  
Old 01-20-2019, 02:28 PM
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Originally Posted by Tatiana Maria View Post
I'm not aware of any issues with the interpretation of Article 42 of the Nassau family pact as it applied to Grand Duke Guillaume IV's daughters. It stipulated that upon the extinction of the male heirs in the house of Nassau, the oldest daughter of the last male, assuming he had daughters (otherwise, the closest female in the Nassau family) would succeed him.

https://www.heraldica.org/topics/royalty/nassau.htm#42

Article 42 also stated that new succession laws should then be created to decide who should succeed the female heir, as the Nassau family pact did not address this. Under the original laws of the family pact, female-line descendants could not be heirs; if the last male's oldest daughter predeceased him, his next oldest daughter (rather than his oldest daughter's children) would inherit. This was dealt with by the 1907 law.
That's exactly what I referred to regarding the Nassau pact not being clear. Which is why the 1907 law was needed to provide further interpretation.

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The 1907 law allowed all of Grand Duke Guillaume IV's legitimate descendants (excluding those descended from marriages unrecognized under the house rules) to be in the line of succession. It also changed the order of succession by stating that if any of his daughters predeceased her father, her descendants took precedence over her sisters and their descendants. (That is why I believe the word "excluded" in the press release is misleading.)
You are free to disagree with the grand duke

The way I can bring together these different messages, is that in the case of a distinction a new line starts with the then closest heir in female line of the last male monarch. So, in that way, yes, they are excluded unless called upon to succeed (which could be done if they were in dynastic marriages).

(…)

It is also worth considering the possibility that some of the princesses did not ask the grand duke for his consent to their marriages, which would have excluded their descendants from the line of succession.[/QUOTE]
I don't see why a princess would need to ask permission to marry if they were already excluded from the line of succession. Imo you cannot be both excluded (which means no permission is necessary) and not excluded (which would mean permission is required). As long as they married into other royal houses they were fine, I'd say.
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  #82  
Old 01-20-2019, 03:03 PM
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Originally Posted by Somebody View Post
My interpretation is that only the male-line descendants were to be included, so if eldest daughter had no male line descendants, the second daughter and her male-line descendants would constitute the new 'line' of succession. If there were no male-line descendants, it would pass to daughter number 3 and her male-line descendants and NOT to her daughters.
[...]
Had Charles' marriage for example not been declared dynastic (or had he two daughters instead of a daughter and a son, succession rights would have passed to prince Heinrich of Bavaria (had his marriage been declared dynastic) at the time of Jean's abdication (as by that time his aunt Hilda and mother Antonia were no longer alive).
I interpret it differently due to the parts boldfaced in message #76. The mention that the crown would pass to Marie-Adelheid and "first" (instead of "only") her male line, read together with the stipulation that it would pass to her sisters and their lines if she died without "descendants" (instead of "male-line descendants"), reads to me as giving precedence to Marie-Adelheid's daughters over her sisters' sons.


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Originally Posted by Somebody View Post
So, if Jean had only had daughters and no sons, his younger brother Charles and his male-line descendants would have been next - at least according to the rules; [...]
I concur, as they would all be male-line descendants of the same daughter of Guillaume IV.


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You are free to disagree with the grand duke

The way I can bring together these different messages, is that in the case of a distinction a new line starts with the then closest heir in female line of the last male monarch. So, in that way, yes, they are excluded unless called upon to succeed (which could be done if they were in dynastic marriages).
I do see his technical point of view , but found it misleading to deem people who were clearly in the order of succession, however many other lines were ahead of them, as "excluded".

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I don't see why a princess would need to ask permission to marry if they were already excluded from the line of succession. Imo you cannot be both excluded (which means no permission is necessary) and not excluded (which would mean permission is required). As long as they married into other royal houses they were fine, I'd say.
Regardless of the correctness of the term "excluded", what is clear is that princesses were entitled to inherit the throne and pass it to their descendants under certain circumstances. Permission would be necessary in the event that the princess wanted to retain her entitlement to inherit and pass on the throne, and if marrying without permission would strip it from her or her descendants.
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  #83  
Old 01-20-2019, 03:21 PM
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Originally Posted by Tatiana Maria View Post
I interpret it differently due to the parts boldfaced in message #76. The mention that the crown would pass to Marie-Adelheid and "first" (instead of "only") her male line, read together with the stipulation that it would pass to her sisters and their lines if she died without "descendants" (instead of "male-line descendants"), reads to me as giving precedence to Marie-Adelheid's daughters over her sisters' sons.
I noticed your bold parts as well. And read the second part as being a further specification of, so not, as an extension of a previous limitation. We'll never know what the correct interpretation would be...

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I concur, as they would all be male-line descendants of the same daughter of Guillaume IV.
The issue was about what would happen next

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I do see his technical point of view , but found it misleading to deem people who were clearly in the order of succession, however many other lines were ahead of them, as "excluded".

Regardless of the correctness of the term "excluded", what is clear is that princesses were entitled to inherit the throne under certain circumstances. Permission would be necessary in the event that the princess wanted to retain her entitlement to inherit the throne and if marrying without permission would strip it from her.
I also understand your reasoning but I don't think it should be approached that way. Male-line male descendants would for example never be passed by other males lower in line. Females (and their descendants) would, so, they are not truly in line but just in case the line would become extinct they were to be approached. And this distinction has direct impact on whether permission would be required. Those in line to the throne would need to ask permission, those who weren't would not. Only, in the occasion of a potential accession to the throne it would be judged whether their marriage did meet the requirement of being (off-spring of) dynastic marriages.
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  #84  
Old 01-20-2019, 03:22 PM
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Does anyone have the exact wording of the "Familienstatuten Unseres Hauses geschlossener Ehe" (in 1907 and later)?
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  #85  
Old 01-20-2019, 03:34 PM
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Originally Posted by Somebody View Post
I also understand your reasoning but I don't think it should be approached that way. Male-line male descendants would for example never be passed by other males lower in line. Females (and their descendants) would, so, they are not truly in line but just in case the line would become extinct they were to be approached.
Unfortunately, I didn't understand what you meant here. Would you mind clarifying?

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Originally Posted by Somebody View Post
Does anyone have the exact wording of the "Familienstatuten Unseres Hauses geschlossener Ehe" (in 1907 and later)?
I would also be interested in seeing the "Familienstatuten" regarding marriages, but I suspect these rules formed part of the "private" house laws that have never been made public, as I have not found them in the public editions of the Nassau family pact or the 1907 law.

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And this distinction has direct impact on whether permission would be required. Those in line to the throne would need to ask permission, those who weren't would not. Only, in the occasion of a potential accession to the throne it would be judged whether their marriage did meet the requirement of being (off-spring of) dynastic marriages.
However, I have not seen any rule stipulating that certain persons need to ask permission ahead of marriage while other persons' marriages would only be judged if they were expected to accede to the throne. (If a rule exists, please correct me.) It would be my assumption that either permission is required ahead of the marriage or it is not required at all.
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  #86  
Old 01-20-2019, 03:50 PM
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Originally Posted by Tatiana Maria View Post
Unfortunately, I didn't understand what you meant here. Would you mind clarifying?
I'll try. In the old situation (limiting the line to only Jean's descendants for this argument and going back to 2009, as to not have to deal with Amalia's birth and the changes) the line of succession was:
  1. Guillaume
  2. Felix
  3. Sebastien
  4. Guillaume
  5. Paul-Louis
  6. Leopold
  7. Jean
Most would argue that in that case 'Alexandra' would be the first in line of the women in the family (you positioned her as 9th in line in one of your previous posts; I assume you would consider Charlotte 10th in line; and Marie-Astrid probably 11th?). In practice, she would indeed be the 'heir' as long as either her father, or one of her brothers would be the last grand duke (and had no daughters of their own). If however, the last grand duke would be her uncle Guillaume or one of his sons, suddenly it would no longer be Alexandra but Charlotte that would be first in line of the women to inherit.

So, in that case, Alexandra would be passed by someone who at first was lower in the hypothetical line - all of this depending on whom the last grand duke was. In contrast, her brothers who are in the line of succession could never be overtaken by their cousins.

Quote:
I would also be interested in seeing the "Familienstatuten" regarding marriages, but I suspect these rules formed part of the "private" house laws that have never been made public, as I have not found them in the public editions of the Nassau family pact or the 1907 law.
Do we even no for sure that formal permission is required or is only a 'dynastic marriage' required (or for the grand duke to declare a marriage dynastic if it is not 'ebenbürtig')?
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  #87  
Old 01-20-2019, 04:58 PM
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Thank you. Now I understand you were discussing the potential (under semi-Salic primogeniture) for important changes in the order of succession upon the accession of a new grand duke, and the possibility that some female and non-male-line heirs will be elevated to a higher position while others will be demoted to a lower position in the order of succession. (Under absolute primogeniture or the old British rules, the order changes with every new monarch as well, but every heir is elevated higher by one position.)

Even though the semi-Salic order of succession can change massively upon a new reign, the order for the time being is still clearly established (assuming the general rules were made clear through precedent or unpublished house laws). So, rather than saying there is no line of succession further than the male-line heirs, I would refer it as a line of succession which can change in time if, for example, the grand duke is succeeded by his brother.

Having said this, I don't have an opinion on how the term "in the line of succession" ought to be used, but I would prefer to use it in a consistent way. In most discussions of hereditary succession, the term seems to include everyone who is currently entitled to inherit according to the order at that point in time, even if their position in the order of succession can or will change in time or even be lost (for example, see discussions of the lines of succession to the dukedoms of Cambridge or Edinburgh). Different usage can add to confusion, as many people incorrectly believe that Princess Alexandra, Princess Marie-Astrid, etc. had no right to inherit the throne until the law was changed to absolute primogeniture.

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Do we even no for sure that formal permission is required or is only a 'dynastic marriage' required (or for the grand duke to declare a marriage dynastic if it is not 'ebenbürtig')?
The 2012 edition of the 1907 law (link in message #79) says that formal permission is required in order to pass on royal titles and membership of the house. It is unclear as far as succession is concerned.
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  #88  
Old 01-20-2019, 06:17 PM
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Originally Posted by Somebody View Post
I noticed your bold parts as well. And read the second part as being a further specification of, so not, as an extension of a previous limitation. We'll never know what the correct interpretation would be...


The issue was about what would happen next



I also understand your reasoning but I don't think it should be approached that way. Male-line male descendants would for example never be passed by other males lower in line. Females (and their descendants) would, so, they are not truly in line but just in case the line would become extinct they were to be approached. And this distinction has direct impact on whether permission would be required. Those in line to the throne would need to ask permission, those who weren't would not. Only, in the occasion of a potential accession to the throne it would be judged whether their marriage did meet the requirement of being (off-spring of) dynastic marriages.



Could you please point me to the specific clause in the Family Pact or elsewhere which says that marriages without the consent of the Head of the Grand Ducal House lead to loss of succession rights ?
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  #89  
Old 01-20-2019, 06:58 PM
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Originally Posted by Mbruno View Post
Could you please point me to the specific clause in the Family Pact or elsewhere which says that marriages without the consent of the Head of the Grand Ducal House lead to loss of succession rights ?
My apologies. I made a mistake in the post which Somebody was answering and have corrected it.

Practically nothing relating to the Luxembourg succession rules is clear, but I believe marriage without the consent of the head of the house excludes only the descendants from the marriage, not the prince or princess who married without consent. Prince Louis and his uncle Prince Jean married without the consent of the Grand Duke (this can be observed from their wives not becoming princesses upon marriage, though Louis's wife was created a princess at a later time), but it was considered necessary for them to give up their own positions in the succession. The brother of Grand Duke Adolphe, Prince Nicolas of Nassau, retained his right of succession but his children, the Merenbergs, were excluded.

As for the specific clause concerning marriage and succession rights, I assume it is part of the private house laws or unwritten precedent, as I have been unable to find it.
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  #90  
Old 01-20-2019, 08:37 PM
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So if the Grand Duke Guillaume & Hereditary Grand Duchess Stéphanie don't have kids who will be the heir?
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  #91  
Old 01-20-2019, 09:01 PM
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Originally Posted by ashelen View Post
So if the Grand Duke Guillaume & Hereditary Grand Duchess Stéphanie don't have kids who will be the heir?
Natural line of succession. Felix is the next in line after his brother, and then his children Amalia and Liam.

Its just the same as if Charles never had children. Andrew and his daughters would have been next.

As it stands when Guillaume is GD, if he has no kids, the line of succession would be :

1. Felix
2 Amalia
3 Liam
4 Alexandra
5 Sebastian

Followed by Henri's brother Guillaume and his sons, and then Henri's cousin Robert (son of Jean's brother Charles) and his two sons.
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  #92  
Old 01-20-2019, 09:33 PM
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Originally Posted by Countessmeout View Post
[...] 5 Sebastian

Followed by Henri's brother Guillaume and his sons,
That is also my theory, but as the grand-ducal court has not given its interpretation of Article 24 of the family pact, an alternative interpretation is that Sébastien would be followed by Marie-Astrid (and a third interpretation is that after 2011 no one follows Sébastien).

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and then Henri's cousin Robert (son of Jean's brother Charles) and his two sons.
Robert's children are in all probability not in the line of succession, given that he apparently married without the consent of the grand duke.
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  #93  
Old 01-21-2019, 01:55 AM
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Originally Posted by Countessmeout View Post
Natural line of succession. Felix is the next in line after his brother, and then his children Amalia and Liam.

Its just the same as if Charles never had children. Andrew and his daughters would have been next.

As it stands when Guillaume is GD, if he has no kids, the line of succession would be :

1. Felix
2 Amalia
3 Liam
4 Alexandra
5 Sebastian

Followed by Henri's brother Guillaume and his sons, and then Henri's cousin Robert (son of Jean's brother Charles) and his two sons.
Thank you for the explanation. I really hope Grand Duke Guillaume & Hereditary Grand Duchess Stéphanie have kids in the near future, but considering how many years they had been married and that she does not get any younger and with all the new advance medicine with IVF etc.....they still with no kids I see it difficult, I hope I am very wrong .They would have such a beautiful kids! she is so pretty......
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  #94  
Old 11-02-2019, 08:19 PM
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If at some point it becomes obviously clear that Amalia will be the future grand duchess, I could see the grand duke (whether it be the current one or Guillaume) granting her and her younger brother the titles of prince(ss) of Luxembourg; for now, they are 'just' prince(ss) of Nassau.
If Guillaume ascends the throne before having a child of his own, his brother Félix and sister-in-law Claire will automatically become Hereditary Grand Duke and Hereditary Grand Duchess, and their children will automatically become Prince(ss) of Luxembourg, by the application of § 4b of the family bylaws.

Décret grand-ducal du 18 juin 2012 portant coordination du Statut de famille du 5 mai 1907. - Legilux
Family Bylaws Concerning the House Law of the House of Luxembourg-Nassau


The issue arises with the potential children of Princess Amalia. By the terms of § 4b, they will not be entitled to any title or to the family name of Nassau until their mother is the Hereditary Grand Duchess (in other words, until their grandfather Félix either inherits the throne or predeceases Guillaume).

Furthermore, § 4b requires descendants not in male line to have the family name of their father, with the exception of children of a Grand Duchess or Hereditary Grand Duchess. The grand duke will have no ability to change the family name of Princess Amalia's children to Nassau, even if they are expected to take the throne, unless a change is made to the house law itself.


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Originally Posted by tommy100 View Post
I guess it would be somewhat insensitive to make anything "official" about Amalia's possible succession as it would show/imply official recognition of the fact Gui & Steph can't or are unlikely to have children. For now there is still Guillaume and theoretically Felix's reign to get through so I don't see an announcement until Guillaume and Stephanie reach an old age at the minimum IMO.
That is an understandable consideration, but I'm not sure if postponing her potential preparation as heiress until middle age would be considered workable; it would at least be exceptional in the context of monarchies which follow primogeniture.
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  #95  
Old 11-03-2019, 07:01 AM
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Heditary Grand Duchess Stephanie is like our Queen Fabiola , She has to give a Heir to her Country.
It is unrespectful to speak already about the Heiress Princess Amalia.
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  #96  
Old 11-03-2019, 12:33 PM
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Originally Posted by maria-olivia View Post
Heditary Grand Duchess Stephanie is like our Queen Fabiola , She has to give a Heir to her Country.
It is unrespectful to speak already about the Heiress Princess Amalia.
Would you consider both Guillaume and Stephanie (as having or not having a child is something that both husband and wife are part of; although for some reason most people will focus on the wife) a failure if they don't produce a 'heir'. Did Badouin and Fabiola fail as king and queen because they didn't fulfill their 'obligation' to have children?

As far as I'm concerned the succession is secure (at least nowadays) both in Belgium and Luxembourg; independent of the monarch and/or his/her heir have a child of their own.

It would indeed be unrespectful to 'declare' princess Amalia the heir but it shows a sense of reality that she currently IS the heir of her generation. We could look at it as follows: she is the heiress presumptive of her generation and not the heiress apparent (that will only happen if her uncle doesn't have children and her father becomes grand duke - alternatively, she might 'loose' the position of heiress presumptive of her generation if a cousin is born - to G&S).

Note: that several well-known monarchs also never were the heiress apparent but only the heiress presumptive: for example, queen Elizabeth, queen Margrethe and former queen Beatrix theoretically could have been 'passed' by a younger brother (if born) as long as either their father (Elizabeth, Margrethe) or mother (Beatrix) were still alive. Nonetheless, from a certain age they were prepared to take up the throne. A current heiress presumptive that could be passed by a brother is the princess of Asturias; if her parents would have a son (and the law isn't changed) she would loose her current status as heir to the throne. Nonetheless, she is fully prepared for her role as future queen.
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  #97  
Old 11-03-2019, 12:38 PM
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Originally Posted by Tatiana Maria View Post
If Guillaume ascends the throne before having a child of his own, his brother Félix and sister-in-law Claire will automatically become Hereditary Grand Duke and Hereditary Grand Duchess, and their children will automatically become Prince(ss) of Luxembourg, by the application of § 4b of the family bylaws.

Décret grand-ducal du 18 juin 2012 portant coordination du Statut de famille du 5 mai 1907. - Legilux
Family Bylaws Concerning the House Law of the House of Luxembourg-Nassau
Thanks, excellent point! So, there is indeed no need to do anything about it (although that doesn't necessarily mean that Henri won't).

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The issue arises with the potential children of Princess Amalia. By the terms of § 4b, they will not be entitled to any title or to the family name of Nassau until their mother is the Hereditary Grand Duchess (in other words, until their grandfather Félix either inherits the throne or predeceases Guillaume).

Furthermore, § 4b requires descendants not in male line to have the family name of their father, with the exception of children of a Grand Duchess or Hereditary Grand Duchess. The grand duke will have no ability to change the family name of Princess Amalia's children to Nassau, even if they are expected to take the throne, unless a change is made to the house law itself.
If that would indeed be the case, I would expect them to change the house law to accommodate this specific situation.

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That is an understandable consideration, but I'm not sure if postponing her potential preparation as heiress until middle age would be considered workable; it would at least be exceptional in the context of monarchies which follow primogeniture.
I agree. I don't think king Philippe's preparation started when Baudouin and Fabiola were in 'old age'. They were definitely preparing him for his future role much earlier and Albert would most likely never have been king had Baudouin died at an older age... (or if Albert had divorced Paola - as he himself stated) In both cases the throne would have been passed straight to Philippe.
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  #98  
Old 11-03-2019, 12:45 PM
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No matter how secure the succession is, there is always going to be the pressure and the assumption for the heir to have a child. Plain and simple. Can you imagine when Prince Charles was single if someone said 'oh well no rush to have kids, there are 500 people in line to the throne after you, including a niece and nephew, no worry if you have a kid.' Yeah that was true, but people still expected the future king to have children of his own. That's just the simple reality of being the heir to a throne.

Now if it can't happen, that's another matter. No it didn't make Fabiola and Badouin failures as king and queen. And it wont make Guilllaume and Stephanie failures if they can't. The assumption being they Cant, and not simply they have chosen not to. Choosing not to have kids in their position is another matter all together. But both spoke of wanting kids when they got married, and both came from large catholic families.

As for Leonor, she really has no concern. Even if her mother suddenly got pregnant at her age which I don't see happening. Spain was in the process of changing the laws when the queen got pregnant with Sofia. They postponed the process when they learned that Sofia was a girl. If suddenly the queen became pregnant with a boy, I see the law being changed finally.


Amalia doesn't need an official proclamation made. She is the heiress presumptive of her age. Its natural succession. Just as if Charles had no kids, Andrew and his daughters would naturally have come next. Its not a question of who next comes in line.

I am sure the two brothers have spoken to each other about possibilities. And consideration for Amalia's upbringing, both in Luxembourg and things like education, will have to be discussed. But no need for this to be public.
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Old 11-03-2019, 12:56 PM
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I'm sure the Grand Ducal Family has already talked about this issue and what will happen if Guillaume and Stephanie have no children. Everything must be thought out.
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Old 11-03-2019, 01:01 PM
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As for Leonor, she really has no concern. Even if her mother suddenly got pregnant at her age which I don't see happening. Spain was in the process of changing the laws when the queen got pregnant with Sofia. They postponed the process when they learned that Sofia was a girl. If suddenly the queen became pregnant with a boy, I see the law being changed finally.






Actually in Spain they hab´ve until today not started to chabnge the succesion law to the Throne as it is a Part of the Constitution and to change it is a very complicated Procedur with new elections between and a Referendum at the End.
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