Disinheriting a Child in Louisiana: Proving the 8 Just Causes for Forced Heirs
In Louisiana, you cannot disinherit a forced heir simply because of a disagreement. To legally cut a forced heir out of a will, you must explicitly state and prove one of the eight 'just causes' outlined in La. Civ. Code art. 1621, such as physical violence or severe cruelty.
Drafting a Last Will and Testament in most states allows you complete freedom to leave your money to whoever you want. Louisiana is different. Because of the state's forced heirship laws, children who are 23 years old or younger, or children of any age who are permanently disabled, are automatically entitled to a mandatory percentage of your estate. Simply leaving their name out of your will does not legally remove them; a probate judge will still award them their share.
However, the law does recognize that some relationships are irreparably broken. If a forced heir has committed severe wrongs against a parent, the parent can take legal action to completely disinherit them. This process is complex and highly scrutinized by the courts. If you need to construct a will in Covington, Lafayette, or Monroe with a disinherison clause, you should consult an experienced estate planning attorney from our US Lawyer directory to ensure it is legally airtight.
The Strict Rules of Disinherison
Disinheriting a forced heir must be done in a very specific manner. First, the disinherison must be explicitly made in a valid testament (a will). The parent cannot simply tell a friend they want to disinherit the child. Furthermore, the will must explicitly state the person being disinherited and outline the exact reasons (the just causes) for the disinherison. It is highly recommended to use proper legal language guided by a professional when submitting a petition for probate under La. Code Civ. Proc. art. 2851 at a venue like the 24th Judicial District Court, Gretna.
The 8 Just Causes for Disinheriting a Child
Under La. Civ. Code art. 1621, a parent can only disinherit a forced heir if they can prove the child committed at least one of the following eight specific offenses.
1. Physical Violence and Striking a Parent
If a child has raised their hand to strike a parent, or actually committed physical violence against them, this is immediate grounds for disinherison. This does not apply to a mere threat; the law specifically requires the act of striking or physical violence.
2. Cruel Treatment and Grievous Injury
If a child has been guilty of cruelty, a serious crime, or grievous injury towards the parent. This can include severe emotional or psychological abuse that goes far beyond a typical family argument.
3. Attempted Murder
If the child has attempted to take the life of the parent, the parent can absolutely disinherit them.
4. Accusing the Parent of a Capital Offense
If the child maliciously and falsely accuses the parent of a capital crime (a crime punishable by life in prison or the death penalty), without any reasonable basis, this constitutes a just cause.
5. Preventing the Parent from Making a Will
If the child uses physical violence, threats, or coercion to stop the parent from writing a will or forces them to change their will, the child loses their right to inherit.
6. Marrying Without Consent as a Minor
If a child who is under the legal age of majority marries without the required consent of their parents, they can be disinherited.
7. Conviction of a Severe Crime
If the child is convicted of a felony crime for which the punishment could be life imprisonment or death, the parent may choose to cut them out of the estate.
8. The Two-Year Lack of Communication Rule
This is the most commonly cited cause in modern probate cases. If a child, after reaching the age of majority (18), fails to communicate with the parent for a period of two consecutive years without just cause, they can be disinherited. However, if the child can prove the parent told them never to call again, or if the parent moved and hid their phone number, the court may invalidate the disinherison.
The Burden of Proof in Probate Court
When a parent dies and the will containing the disinherison is submitted to a court like the 1st Judicial District Court, Shreveport, the forced heir has the right to challenge it. Under La. Civ. Code art. 1624, the reasons, facts, or circumstances expressed by the parent in the testament are legally presumed to be true. The burden of proof falls directly on the disinherited child to rebut this presumption by a preponderance of the evidence. Furthermore, the unsupported testimony of the disinherited heir is legally insufficient to overcome this presumption. As demonstrated in Succession of Bertaut, 572 So. 2d 142 (LA Court of Appeal 1990), testators must state specific facts rather than vague allegations, ensuring a clear evidentiary record if challenged.
Exemptions: Military Service and Incarceration
There are strict exemptions to the two-year communication rule. A child cannot be disinherited for failing to communicate if they were physically unable to do so. If the child was deployed overseas on active duty with the US Military, or if they were incarcerated in a state or federal prison, the lack of communication is legally excused.
Frequently Asked Questions (FAQ)
What happens if the parent and child reconcile before the parent dies?
If the forced heir can prove that they reconciled with the parent and the parent forgave them after the offensive act occurred, the disinherison can be legally voided, and the child will receive their forced portion.
Can a grandparent disinherit a grandchild?
Yes. If a grandchild steps into the shoes of a deceased parent and becomes a forced heir, the grandparent can disinherit them using the same exact rules and eight just causes that apply to children.
Do I need to leave a forced heir $1 to show I remembered them?
No. Leaving a child $1 is an old myth from other states. In Louisiana, you must specifically invoke La. Civ. Code art. 1621 and list the just cause in your written testament. A $1 token gift will not stop a forced heir from claiming their full legitime.
What if the child is over 24 and not disabled?
If the child is over the age of 23 and is completely healthy, they are no longer a forced heir in Louisiana. You do not need to prove a 'just cause' to disinherit them; you can simply leave them out of your will entirely.
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