How to Legally Disinherit a Forced Heir in a Louisiana Testament: Just Causes and Drafting Rules

Louisiana has a unique legal system based on civil law, which is very different from the rest of the United States. One of the most famous differences is the concept of 'forced heirship.' If you have a child who qualifies as a forced heir, you are legally required to leave them a certain portion of your estate. You cannot simply write them out of your testament because you are estranged or angry with them. However, the law does provide exceptions if the child has committed severe offenses against you. These exceptions are known as 'just causes' for disinherison.

Drafting a testament to disinherit a forced heir is highly technical and requires strict adherence to state statutes. A simple mistake could result in a judge throwing out the disinherison clause, meaning your unwanted heir would still inherit your property. If you need to navigate this complex area of law, we strongly recommend finding an experienced local estate planning lawyer from our US Lawyer Directory to protect your final wishes.

Understanding Forced Heirship in Louisiana

Before you can disinherit someone, you must first determine if they are actually a forced heir. In Louisiana, forced heirs are defined under La. Civ. Code art. 1493. The law generally restricts this category to two groups of descendants.

Who Qualifies as a Forced Heir?

First, any child who is under the age of 24 at the time of your death is automatically a forced heir. Second, children of any age who are permanently incapable of taking care of their persons or administering their estates due to a physical or mental infirmity are also forced heirs. Following the landmark case Succession of Lauga, 624 So. 2d 1156 (LA Supreme Court 1993), which struck down earlier legislative restrictions, Louisiana adopted a constitutional amendment that authorized restricting forced heirship strictly to children under twenty-four or those with qualifying disabilities. If your child is 24 or older and perfectly healthy, they are not a forced heir, and you do not need 'just cause' to leave them out of your testament; you simply do not include them.

The 'Just Causes' for Disinherison

If your child is a forced heir, you can only disinherit them for specific reasons outlined in La. Civ. Code art. 1621. You cannot invent your own reasons. The law strictly limits these 'just causes.'

Striking a Parent

If your child has ever physically struck you, or raised their hand to strike you, this is grounds for disinherison under La. Civ. Code art. 1621. A simple argument is not enough, and a mere threat is not sufficient; the child must have actually struck you or raised a hand to strike you to break the forced heirship bond.

Cruelty, Crime, or Grievous Injury

You may also disinherit a forced heir if they have been guilty of cruelty towards you, committed a crime against you, or caused you grievous injury. Furthermore, if they have attempted to take your life, or if they accused you of a capital offense (a crime punishable by death or life imprisonment) without any reasonable basis, the courts will generally uphold the disinherison.

Failure to Communicate for Two Years

One of the most common reasons used in modern testaments is the failure to communicate. If your child knows how to contact you, but fails to do so without just cause for a period of two years after reaching the age of majority (18 years old), you can disinherit them. Note that if you were the one who actively prevented communication, or if they were deployed in the military without access to communications, this cause might not be valid.

Step-by-Step Process to Draft a Valid Disinherison Clause

Whether you live in New Orleans, Baton Rouge, or Shreveport, the steps to legally execute this document remain the same throughout the state.

Step 1: Explicit Declaration in the Testament

Disinherison must be made expressly in one of the forms prescribed for testaments. Most commonly, this is done through a Notarial Testament. You cannot simply write a separate letter or tell a friend; the disinherison must be physically written into your official, legally binding testament.

Step 2: Naming the Heir and the Exact Cause

Your testament must specifically name the child you are disinheriting. Vague statements like 'I disinherit all my children who don't visit me' are generally invalid. You must name the person and explicitly state the exact cause under La. Civ. Code art. 1621. For example, 'I hereby disinherit my son, John Doe, because he has failed to communicate with me without just cause for a period of over two years since his eighteenth birthday.'

Step 3: Notarial Formalities

To ensure the document holds up in court, you should execute a Notarial Testament. This requires you to sign the document in the presence of a Louisiana Notary Public and two competent witnesses. They must also sign the document, and it must contain a specific attestation clause confirming that all formalities were followed.

Step 4: Preparing for the Succession

After your passing, your executor will need to file the testament in the local parish court, such as the Civil District Court for the Parish of Orleans, New Orleans or the 19th Judicial District Court, Baton Rouge. They will typically submit a Petition for Probate of Testament under La. C.C.P. art. 2851 to begin the succession process. If the disinherited heir wishes to challenge the testament, they will have to prove in court that the cause you stated did not actually happen, or that they were reconciled with you afterwards.

How Much Does it Cost in Louisiana?

The cost of properly setting up a testament with a disinherison clause is far cheaper than the cost of a legal battle after your death. Here is a general breakdown:

How Long Does the Process Take?

Drafting the testament itself can be completed in a few days to a week once you meet with your lawyer. However, the post-death legal process, known as 'Succession' in Louisiana, takes longer. A standard un-contested succession might take 3 to 6 months. If your disinherited heir decides to challenge the testament in court, the litigation process can drag on for 1 to 3 years.

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