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Exploring the Law of SuccessionStudies National, Historical and Comparative$
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Kenneth Reid and Marius de Waal

Print publication date: 2007

Print ISBN-13: 9780748632909

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748632909.001.0001

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Succession Agreements in South African and Scots Law

Succession Agreements in South African and Scots Law

(p.226) 13 Succession Agreements in South African and Scots Law
Exploring the Law of Succession

Dale Hutchison

Edinburgh University Press

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

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