# Binding effects of agreements as to succession

Article 26 makes the binding effects between the parties to agreements as to succession subject to the anticipated succession law, “including the conditions for its dissolution.”

As the question of the revocability or irrevocability of the agreement is of the essence to it, the jurisdiction of the succession law on the day of the agreement is necessary.

Likewise, and contrary to wills, a change of residence will have no effect on the law applicable to the dissolution of the agreement. The law to which it is connected is fixed once and for all. The law applicable to the agreement will have jurisdiction to define the conditions for rescinding or terminating the agreement, which are perceived as nuancing the irrevocability of the agreement.

## Warning

The law applicable to the agreement will have to fit in which the law governing the succession. This law must not neutralise the agreement. This implies that succession law (and its binding rules) will be set aside to some extent.

## Example

A French national obtains a waiver of any proceedings relating to a reserved share.

He then dies in Italy. The Italian law that is applicable to the succession awards a reserved share to the children, which share may not be waived. However, given that the agreement as to succession was concluded in compliance with the French law of residence on the day of the agreement, it must be effective and the author of the waiver will not be entitled to claim his reserved share.