Chapter

Succession Agreements in South African and Scots Law

Dale Hutchison

in Exploring the Law of Succession

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748632909
Published online March 2012 | e-ISBN: 9780748651436 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748632909.003.0023
Succession Agreements in South African and Scots Law

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This chapter examines the history of succession agreements in Scots and South African law. It explains that succession agreements fall into two broad categories: the classic or indirect type, which attempts to affect a succession by influencing the contents of a will; and the direct type, which dispenses altogether with a will and purports to effect a succession on death directly by contract. South African law has extended the Roman law's prohibition of the indirect type of agreement to include the direct type as well, while Scots law has no qualms about enforcing both types of agreement.

Keywords: succession agreements; Scots law; South African law; will; Roman law

Chapter.  9692 words. 

Subjects: Comparative Law

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