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:
“The freedom to share one’s insights and judgments verbally or in writing is, just like the freedom to think, a holy and inalienable right of humanity that, as a universal human right, is above all the rights of princes.”
—Carl Friedrich Bahrdt (1740–1792)
“We tried pathetic appeals to the wandering waiters, who told us “they are coming, Sir” in a soothing tone—and we tried stern remonstrance, & they then said “they are coming, Sir” in a more injured tone; & after all such appeals they retired into their dens, and hid themselves behind sideboards and dish-covers, still the chops came not. We agreed that of all virtues a waiter can display, that of a retiring disposition is quite the least desirable.”
—Lewis Carroll [Charles Lutwidge Dodgson] (1832–1898)