A.4.1. General

In chapter I, no. 1, the conclusion was reached quickly that, as a consequence of the mandatory legal consequence that a last will and testament can always be revoked unilaterally, succession law with ‘binding element’ is an illusion, given article 4:42 DCC. Since the first of January 2003 there is therefore no scope for contractual succession law in the true sense of the word. This is due to the effect of article 4:42 DCC, and the lack of exceptions to said article.

The question now rises whether, assuming there is a demand for contractual elements, a provision such as the German one should be introduced or whether our (succession) law provides enough instruments/alternatives to meet the requirements of practice.