Succession clauses in an antenuptial contract are an exception to the rule that agreements relating to inheritance are unenforceable. The parties may make provision for the succession of the survivor of them to the estate (or part thereof) of the first dying spouse. Such a provision cannot be revoked unilaterally in a subsequent will without the consent of the benefiting party. Examples "The parties declare that on the death of either of them, the survivor shall be entitled to the whole estate of the first dying."
"The parties declare that upon the death of the first death of them, all assets belonging to such a party shall pass to the surviving spouse." The parties may also insert other testamentary provisions in the antenuptial contract, for example, revocation of previous wills, the appointment of executors and heirs, the establishment of a mortis causa trust etc. See the model answer to Notarial Practice Examination - October 2002, Question 3, for an example of an antenuptial contract incorporating other testamentary provisions. It is also possible for a third person to bequeath his or her property to one or both of the spouses in the antenuptial contract. Just remember that the third person must then be joined as a party to the contract, and he or she must also sign the contract in the presence of a notary.
The third-party cannot revoke such a bequest without the consent of the benefiting spouse(s). Succession clauses in an antenuptial contract are an exception to the general rule that agreements regarding inheritance are not legally enforceable. Through such a clause, the spouses can agree that the survivor of them will be entitled to the estate, or part thereof, of the first dying spouse.
This cannot be changed unilaterally by either spouse in a subsequent will without the consent of the other. Furthermore, the antenuptial contract can also include other testamentary provisions such as the revocation of previous wills, the appointment of executors and heirs, the establishment of a mortis causa trust, etc.
It is also possible for a third party to bequeath their property to one or both spouses in the antenuptial contract. In such a case, the third person must be a party to the contract and sign the contract in the presence of a notary. The third-party cannot then revoke the bequest without the consent of the benefiting spouse(s).
