Freedom of Disposition
The conception of the freedom of disposition by will, familiar as it is in modern England and the United States, both generally considered common law systems, is by no means universal. In fact, complete freedom is the exception rather than the rule. Civil law systems often put some restrictions on the possibilities of disposal; see for example "Forced heirship".
Advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions. Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will. Historically, courts have been more willing to strike down wills leaving property to a same-sex partner for reasons such as incapacity or undue influence. See, for example, In Re Kaufmanns Will, 20 A.D.2d 464, 247 N.Y.S.2d 664 (1964), affd, 15 N.Y.2d 825, 257 N.Y.S.2d 941, 205 N.E.2d 864 (1965)
Read more about this topic: Will (law)
Famous quotes containing the words freedom of, freedom and/or disposition:
“Humans need justice in the here and now and grace in the thereafter. Justice in the here and now is possible only without freedom, and grace in the thereafter only through the freedom of God.”
—Friedrich Dürrenmatt (1921–1990)
“Ah! Freedom is a noble thing!
Freedom makes man to have liking:
Freedom all solace to man gives:
He lives at ease that freely lives!”
—John Barbour (1316?–1395)
“All good biography, as all good fiction, comes down to the study of original sin, of our inherent disposition to choose death when we ought to choose life.”
—Rebecca West (1892–1983)