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 choice for women, at the expense of the caring, warmth, and sensitivity to others so often associated with them, may be empty. In the thrust to redefine male and female roles, women must not become men; nor can men be permitted the continual dehumanization of their roles.”
—Kathleen Weibel (b. 1945)
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Like stolen fruit;
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—Ralph Waldo Emerson (1803–1882)
“That good disposition which boasts of being most tender is often stifled by the least urging of self-interest.”
—François, Duc De La Rochefoucauld (1613–1680)