Editing Will and testament (section)

== Freedom of disposition ==
[[File:Tennessee williams will.jpg|thumb|Last will and testament of [[Tennessee Williams]]]]

The concept 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.<ref name="EB1911">{{EB1911|inline=y|wstitle=Will (Law)|display=Will|volume=28|pages=654–658}}</ref>{{rp|654}} [[Civil law (legal system)|Civil law]] systems often put restrictions on the possibilities of disposal; see for example "[[Forced heirship]]".

[[LGBT]] advocates have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through [[same-sex marriage]] or [[civil union]]s. Opponents of such advocacy rebut this claim by pointing to the ability of same-sex couples to disperse their assets by will. Historically, however, it was observed that "[e]ven if a same-sex partner executes a will, there is risk that the survivor will face prejudice in court when disgruntled heirs challenge the will",<ref>Eugene F. Scoles, ''Problems and Materials on Decedents' Estates and Trusts'' (2000), p. 39.</ref> with [[court]]s being more willing to strike down wills leaving property to a same-sex partner on such grounds as [[incapacity]] or [[undue influence]].<ref>Chuck Stewart, ''Homosexuality and the Law: A Dictionary'' (2001), p. 310.</ref><ref>''See also'', for example, ''In Re Kaufmann's Will'', 20 A.D.2d 464, 247 N.Y.S.2d 664 (1964), ''aff'd'', 15 N.Y.2d 825, 257 N.Y.S.2d 941, 205 N.E.2d 864 (1965).</ref>