Contracting on a Future Inheritance: A Comparative Perspective

This article examines the possibilities to contract on a future inheritance from a European comparative perspective. Moving beyond the traditional dichotomy between the prohibition of agreements on a future inheritance in the Roman legal systems and their long-standing recognition in German legal systems, the article develops a refined typology of approaches to the question of whether and to what extent such agreements are permitted, distinguishing between succession agreements, waiver agreements, and agreements concerning the future estate of a third party. The comparative analysis reveals that many European jurisdictions recognise at least one type of such agreements, albeit often subject to significant limitations. Waiver agreements are accepted relatively widely, whereas succession agreements remain more controversial. Agreements concerning the future estate of a third party continue to be largely prohibited. While no uniform approach can be identified across Europe, the findings suggest a gradual shift towards greater acceptance of contractual arrangements to regulate a future inheritance.