Freedom of testation is the power of a person to make a

will and testament A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate (law), estate) is to be distributed after their death and as to which person (executor) is to manage the property until its fi ...

specifying whatever heirs they please. It is historically associated with English

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

, and contrasted with

forced heirship Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased. In forced heirship, the estate of a deceased (''de cu ...

, where part or all of the estate is automatically inherited by the

next of kin A person's next of kin (NOK) may be that person's spouse A spouse is a significant other in a marriage. A female spouse is called a wife while a male spouse is called a husband. Married The legal status of a spouse, and the specific righ ...

. Opponents of absolute freedom of testation have pointed to the possibility of a widow or orphan being left destitute while property of a spouse or parent is bequeathed to others. Some opponents of

inheritance tax International tax law distinguishes between an estate tax and an inheritance tax. An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and pro ...

have characterized it as an abrogation of freedom of testation.

History

After the

Norman conquest of England The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, French people, French, Flemish people, Flemish, and Bretons, Breton troops, all led by the Du ...

, the

Church Church may refer to: Religion * Church (building), a place/building for Christian religious activities and praying * Church (congregation), a local congregation of a Christian denomination * Church service, a formalized period of Christian comm ...

succeeded in allowing a person to leave part of his property to the church to fund its activities. In the

law of the Republic of Ireland The law of Ireland consists of constitutional, statutory, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written co ...

, the Succession Act 1965 reduces freedom of testation by guaranteeing provision for the spouse and children of the deceased.

References

* Wills and trusts Property law Inheritance {{Law-stub