Freedom of testation is the power of a person to make a will and testament specifying whatever heirs they please. It is historically associated with English common law, and contrasted with forced heirship, where part or all of the estate is automatically inherited by the next of kin. 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 have characterized it as an abrogation of freedom of testation.
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👉 Freedom of testation in the context of Inheritance law in ancient Rome
Inheritance law in ancient Rome was the Roman law that governed the inheritance of property. This law was governed by the civil law (ius civile) of the Twelve Tables and the laws passed by the Roman assemblies, which tended to be very strict, and law of the praetor (ius honorarium, i.e. case law), which was often more flexible. The resulting system was extremely complicated and was one of the central concerns of the whole legal system. Discussion of the laws of inheritance take up eleven of the fifty books in the Digest. 60-70% of all Roman litigation was concerned with inheritance.
In the case of intestacy, Roman inheritance law had no concept of primogeniture and treated male and female children equally. However, in most cases intestacy was avoided by means of a will. Roman law recognised very broad freedom of testation, but wills had to strictly follow correct formulae and phrases in order to be valid. The will had to name an heir. In addition to this, it could name a legal guardian (tutor) for underage children, manumit slaves, and leave legacies to third parties. Over time a separate system of fideicommissa ("trusts"), which allowed greater flexibility, developed alongside the system of wills.
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Freedom of testation in the context of Quebec Act
The Quebec Act 1774 (14 Geo. 3. c. 83) (French: Acte de Québec de 1774) was an act of the Parliament of Great Britain which set procedures of governance in the Province of Quebec. One of the principal components of the act was the expansion of the province's territory to take over part of the Indian Reserve, including much of what is now southern Ontario, Illinois, Indiana, Michigan, Ohio, Wisconsin, and parts of Minnesota.
The act removed the reference to the Protestant faith from the oath of allegiance, and guaranteed free practice of Catholicism and restored the Church's power to impose tithes. Additionally, it restored the use of the French civil law for matters of private law, except for the granting of unlimited freedom of testation in accordance with English common law; which was maintained for matters of public law, including administrative appeals, court procedure, and criminal prosecution.