n South African Law Journal - The requirements for a valid pactum successorium in an antenuptial contract : the curious case of : notes

Volume 129, Issue 1
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



This note discusses some remarks made in 2011 (5) SA 51 (GSJ) (hereafter the case) - a matter heard on appeal in the South Gauteng High Court. The case dealt, in essence, with the question whether a contextual reading of a 'property exclusion clause' in an antenuptial contract could be construed as a valid pactum successorium (succession agreement or pactum de succendo) when one of the parties to the contract died intestate.

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