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.[3]: 654
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 unions. 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",
[4] with
courts being more willing to strike down wills leaving property to a same-sex partner on such grounds as
incapacity or
undue influence.
[5][6]