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:
“Only the freedom of mind can prevent the state from becoming totalitarian and from issuing totalitarian demands.”
—Friedrich Dürrenmatt (1921–1990)
“In America a woman loses her independence for ever in the bonds of matrimony. While there is less constraint on girls there than anywhere else, a wife submits to stricter obligations. For the former, her father’s house is a home of freedom and pleasure; for the latter, her husband’s is almost a cloister.”
—Alexis de Tocqueville (1805–1859)
“He who is of a calm and happy nature will hardly feel the pressure of age, but to him who is of an opposite disposition youth and age are equally a burden.”
—Plato (c. 427–347 B.C.)