testation

The power of an owner of property to determine who is to have it upon his death is thought to stimulate economic activity: it is also considered desirable that a property owner be allowed to modify the rigid rules of the intestacy laws so…

Freedom of testation, furthermore, was not complete: a man was obliged to leave a certain proportion of his property to his children and in some cases to ascendants and brothers and sisters.

…in theory, greater freedom of testation. In England a deceased may dispose of his entire estate by will to the detriment of his spouse and children, subject however to contravention by a court upon petition of the spouse or children if they are not adequately provided for. In the United…