oa Juta's Business Law - Succession agreements

Volume 15, Issue 1
  • ISSN : 1021-7061



South African law, generally, favours a person's almost absolute right of freedom of testation (the right to determine to whom his property will devolve upon his death). Also, it, generally, does not allow a person to regulate the succession to his estate after his death by means of a contract. Such contracts, known as succession agreements (in Latin, pacta successoria) are invalid and unenforceable (see Dale Hutchison 'Isolating the ' (1983) 100 221).

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