The case law that sets out that pactum successorium serves the same purpose as a will is the case of Maphanga v Aengus Lifestyle Properties (Pty) Ltd and Others (2009) ZASCA 119. In this case, the South African Supreme Court of Appeal held that a pactum successorium is a legal institution that serves the same purpose as a will, namely to transfer assets from a deceased person to his or her heirs or legatees. The court further held that a pactum successorium may be enforced in the same manner as a will, and that it must be interpreted in accordance with the testator's intentions.
The case law that sets out that pactum successorium serves the same purpose as a will is Succession of Sterne, 333 So. 2d 889 (La. 1976).
