
Published online:
22 March 2012
Published in print:
26 October 2007
Online ISBN:
9780748651436
Print ISBN:
9780748632909
Contents
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A. Introduction A. Introduction
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B. South African Law B. South African Law
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(1) The scope of the prohibition (1) The scope of the prohibition
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(2) The earlier case law: grappling with testamentary character (2) The earlier case law: grappling with testamentary character
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(3) The decision in Borman (3) The decision in Borman
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(4) Freedom of testation and vesting: why these concepts are interrelated (4) Freedom of testation and vesting: why these concepts are interrelated
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(5) The test for a pactum successorium (5) The test for a pactum successorium
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(6) Application of this test in McAlpine (6) Application of this test in McAlpine
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(7) The dissenting judgment of Nienaber JA (7) The dissenting judgment of Nienaber JA
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(8) Donations mortis causa: how do they fit into the picture? (8) Donations mortis causa: how do they fit into the picture?
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C. Scots Law C. Scots Law
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(1) Undertakings to leave property to another, or not to revoke a bequest (1) Undertakings to leave property to another, or not to revoke a bequest
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(2) Promises, legacies and donations mortis causa (2) Promises, legacies and donations mortis causa
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D. Conclusion D. Conclusion
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Chapter
13 Succession Agreements in South African and Scots Law
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Published:October 2007
Cite
Hutchison, Dale, 'Succession Agreements in South African and Scots Law', Exploring the Law of Succession: Studies National, Historical and Comparative (Edinburgh , 2007; online edn, Edinburgh Scholarship Online, 22 Mar. 2012), https://doi.org/10.3366/edinburgh/9780748632909.003.0023, accessed 5 May 2025.
Abstract
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.
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