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)
“What I would like to give my daughter is freedom. And this is something that must be given by example, not by exhortation. Freedom is a loose leash, a license to be different from your mother and still be loved. . . . Freedom is . . . not insisting that your daughter share your limitations. Freedom also means letting your daughter reject you when she needs to and come back when she needs to. Freedom is unconditional love.”
—Erica Jong (20th century)
“A disposition to preserve, and an ability to improve, taken together, would be my standard of a statesman.”
—Edmund Burke (1729–1797)