By comparison with other areas of private law, the law of succession has fallen into neglect. Academic literature is surprisingly sparse even in relation to national systems of law, while such comparative treatments as exist are often little more than country-by-country summaries. Yet succession law is on the move. The relationship between family law and the law of succession has become more apparent and better understood, and the impact on the latter of changes in the former can be seen, for example, in the shift of focus from the “nuclear” family to a more inclusive concept which extends to partners outside of normal marriage. In another important development, human rights instruments have led to restrictions on freedom of testation, to the removal of succession rules which discriminate against, for instance, the extra-martial child, and to a reconsideration of aspects of customary succession systems. Above all, social and economic change has had, and will continue to have, a marked influence on the law’s development. As these trends are not confined to any one country, they present a challenge to the view, hitherto widely held, that succession law is a matter of local concern and local practice, and that little is to be gained from comparative research. One result has been a new interest in the possibility of harmonisation of succession law, especially in the European context. Another has been to open out the vista for more focused comparative research.

These reflections were the stimulus for a working conference on the law of succession which was held at the University of Stellenbosch in March 2005. The book’s origins lie in this conference and in the papers read on that occasion. The chapters that follow review selected topics in the law of succession from a variety of perspectives: national, historical and comparative.

The jurisdictions most prominently featured are the mixed jurisdictions of Scotland and South Africa, and in that sense the book can be regarded as an extension into the law of succession of work which has previously been carried out in the fields of property and obligations: see Southern Cross: Civil Law and Common Law in South Africa (eds Reinhard Zimmermann und Daniel Vissler, 1996), A History of Private Law in Scotland (eds Kenneth Reid und Reinhard Zimmermann, 2000), Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa (eds Reinhard Zimmermann, Daniel Vissler und Kenneth Reid, 2004). But the book is by no means confined to Scotland and South Africa. One chapter, for example, considers the rules in Roman law on freedom of testation and compulsory heirship. Another is devoted to the country which has most recently re-written its law of succession: the Netherlands. And throughout the book there are frequent comparative references to the law of other countries.

Much important work is waiting to be done in the law of succession.  Edited by Kenneth G. C. Reid, Marius J. de Waal and Reinhard Zimmermann and released by the Edinburgh Press, the present book is a contribution to that work as well as, it is hoped, a stimulus to further writing and research.

Content

Marius J. de Waal (Stellenbosch), A Comparative Overview
Reinhard Zimmermann (Hamburg), Compulsory Heirship in Roman Law
W. David H. Sellar (Edinburgh), Succession Law in Scotland - a Historical Perspective
Francois du Toit (Cape Town), Succession Law in South Africa - a Historical Perspective
J. C. Sonnekus (Johannesburg), Freedom of Testation and the Ageing Testator
James Chalmers (Edinburgh), Testamentary Conditions and Public Policy
Roderick R. M. Paisley (Aberdeen), Forfeiture Clauses and Events in Scots Law
M. C. Schoeman-Malan (Pretoria), Revocation of Wills by Changed Circumstances
George Gretton (Edinburgh), Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective
Alan R. Barr (Edinburgh), The conditio si institutus sine liberis decesserit in Scots and South African Law
Sjef van Erp (Maastricht), The New Dutch Law of Succession
Alexandra Braun (Oxford), Revocability of Mutual Wills
Dale Hutchison (Cape Town), Succession Agreements in South African and Scots Law