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 and/or disposition:
“It was always accounted a virtue in a man to love his country. With us it is now something more than a virtue. It is a necessity. When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect.”
—Adlai Stevenson (1900–1965)
“Civility, which is a disposition to accommodate and oblige others, is essentially the same in every country; but good breeding, as it is called, which is the manner of exerting that disposition, is different in almost every country, and merely local; and every man of sense imitates and conforms to that local good breeding of the place which he is at.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)