Succession provisions in prenuptial agreements: a case for its acceptability and its legal boundaries

Abstract

Succession planning has gained im­portance due to the complexity of economic life. In parallel to this, the changes brought about by the new family arrangements require caution so that disagreements or mismanagement do not ruin large fortunes. Therefore, the patrimonial aspect of Family Law has gained importance, and the prenuptial agreements are very useful in this regard. In face of the traditional prohibition of succession pacts, it is necessary to reexam­ine the scope of the legal provisions that inhibit them in order to update the application of the law to modern needs. Therefore, not every suc­cession provision in a marriage covenant should be prohibited.