oa Juta's Business Law - Succession agreements
|Article Title||Succession agreements|
|© Publisher:||Juta Law Publishing|
|Journal||Juta's Business Law|
|Publication Date||Jan 2007|
|Pages||50 - 52|
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 pactum successorium' (1983) 100 SALJ 221).
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