Interpretation of a Succession Pact and Revocation of Subsequent Testamentary Dispositions

Facts

- A.Z. (husband) and B.Z. (wife) concluded a marriage and succession contract on December 7, 1973, which provided, in particular, that the surviving spouse would have full disposition of the assets accruing to them by matrimonial and succession law. - After the death of B.Z. in 1981, A.Z. revoked all his testamentary dispositions in a will dated September 15, 1999 and appointed T. as sole heir, with her children U. and V. as substitute heirs. - After the death of A.Z. in 2003, the companies X. and the foundation Y., designated as heirs in the succession pact, claimed their share of the succession against T. and her children.

Considerations

- According to Art. 494 CC, the testator may undertake by a succession contract to bequeath his inheritance or a legacy to another person, while retaining the free disposition of his property (paras. 1 and 2). However, testamentary dispositions or donations incompatible with his contractual commitments are subject to challenge (para. 3). - To determine whether a clause of the succession pact has a contractual and irrevocable or unilateral and revocable character, the interest of the parties to the contract must be based on, when their concordant will cannot be established and the contractual text does not…