Donative freedom, often hailed as the cornerstone of American succession law, is the principle that individuals have the right to freely dispose of their property, even after death. This concept is deeply ingrained in U.S. law, reflecting the belief that property owners should have ultimate control over the fate of their assets. It aligns with ideals of personal liberty and autonomy, thereby reinforcing the idea that individuals, not the state, should determine how wealth is distributed. Even when an inheritance passes through intestate succession—where property is distributed according to state law rather than the individual’s wishes—donative freedom is still an underlying principle. Because this policy serves as the foundational rationale for the U.S. probate system, any legal conflicts or statutes that undermine or subvert donative freedom should be viewed with heightened scrutiny.