There has never been absolute freedom as far as testation. In addition testamentary provisions cannot be lawful anywhere if the motion to compel would be publicly immoral.
To clarify this point a bit further, when a gift of testamentary nature is provided to the beneficiary contingent upon a specific act such as the decedent changing his or her religious affiliation then the testamentary gift is deemed invalid (or considered valid unconditionally.) The rule applied as far as succession is as follows: An individual may leave property to a beneficiary for life. Upon the first decedents or beneficiary's death, the proceeds may go to the next in line; however, the last person must vest no later than one generation after the passing of the decedent. In England, the settlement needs to take place within an established period of years up to the age of eighty.
Disinheritance freedom has been more prevalent in the laws of ancient Rome as well as modern Anglo-American laws than in modern civil law countries. However, although more extensive, it has always had restrictions. In example, in Rome a testator could disinherit a spouse and children; however, it needed to be expressed in the will. During 27 BC to AD 284 (the period of the principate), it became a requirement to state the reasons for the disinheritance. This provision became necessary, as any reason disinheriting a family member without honest and necessary cause may have been possibly declared invalid. During the late (period of) the Roman Empire, the descendants or if no descendants, the ascendants (e.g. parents) were given the proceeds to the decedent's estate which they could not be deprived. The only cause would be one of a serious nature clearly stated within the will. After the fall of the Roman Empire, disposition of a testamentary nature came to be acknowledged once again in the latter part of the middle ages and normally required that a minimum distribution, quite often one-third be left to the surviving spouse, or the descendants, or both the former and the latter. Once Roman law was revived in Europe the preceding laws were combined with the statutes of the Corpus Juris.
In conclusion, although certain restrictions exist as far as succession after the death of the decedent, the freedom is more prevalent than not in choosing a rightful heir to the family estate.
