Freedom of disposition - sustany/dvg GitHub Wiki

Freedom of disposition is the dominant�principle�of�trusts and estates�law which advocates that the law should grant people freedom to dispose of their property in any way they want once they pass away.�Two schools of thought surround this theory:�

• The less popular view is that the freedom of disposition is a natural right and should not be constrained by the law in any way.
• The more common view is that freedom of disposition is a political right and is subject to some constraint.

There are several justifications for the existence of freedom of disposition.�

• First, the ability to pass on wealth to friends and family members creates incentive for individuals to be productive during their lifetime.
• Second, some experts argue that freedom of disposition creates social utility because it is highly desired by a large number of people.
• Finally,�freedom of disposition�provides a means of repaying past social services performed by others during the giver�s lifetime.

Regardless of which justifications are prevailing, freedom of disposition is permitted in the United States with very few restraints.�

The typical way a person exercises their freedom of disposition is through a will. That said, parties named in a will are free to disclaim their inheritance, providing one restriction on the decedent�s freedom of disposition.�