Succession Clauses in an Antenuptial Contract
In most instances, agreements concerning inheritance are not legally enforceable. However, succession clauses in an antenuptial contract form a key exception to this general rule. These clauses allow spouses to agree that, upon the death of one party, the surviving spouse will inherit the entire estate—or a specified portion—of the first to die. Importantly, once a succession clause is included in the antenuptial contract, it cannot be revoked unilaterally in a later will. Any changes require the written consent of the spouse who stands to benefit. Below are a couple of standard examples of such clauses:
“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 first death of them, all assets belonging to the deceased spouse shall pass to the surviving spouse.”
In addition to succession clauses, an antenuptial contract may include other testamentary provisions, such as:
Including a Third Party in a n Antenuptial Contract
It is also possible for a third party to bequeath property to one or both spouses within an antenuptial contract. In such a case, the third party must be joined as a signatory to the contract and sign it in the presence of a notary. Once included, the third party cannot unilaterally revoke the bequest without the consent of the spouse(s) benefiting under the clause. Through these provisions, an antenuptial contract can serve not just as a tool for regulating matrimonial property regimes but also for setting out detailed testamentary instructions—ensuring clarity and legal certainty for all parties involved.
