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:
“Freedom of conscience entails more dangers than authority and despotism.”
—Michel Foucault (1926–1984)
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—Dwight D. Eisenhower (1890–1969)
“It is an immense misfortune to the empire to have a king of such a disposition at such a time. We are told and every thing proves it true that he is the bitterest enemy we have.... To undo his empire he has but one truth more to learn, that after colonies have drawn the sword there is but one step more they can take.”
—Thomas Jefferson (1743–1826)