Testamentary Freedom and Autonomy of Will: A Legal Comparison between Ecuador and the United States

Abstract

The freedom to dispose of property through a will is a direct expression of autonomy of will, yet its scope varies across legal traditions. In Ecuador, inheritance law imposes restrictions on testamentary freedom by safeguarding forced heirship rights, limiting the testator's ability to freely allocate assets. Conversely, the U.S. legal system provides broader testamentary freedom, allowing individuals to distribute their estates almost entirely at will, with limited exceptions protecting surviving spouses. This divergence highlights the cultural and normative contrasts between civil law and common law systems, showing how legislation balances personal autonomy, family protection, and the social function of inheritance. The comparative analysis reveals challenges and opportunities for reform in succession laws, aiming to harmonize individual freedom with equitable asset distribution.