Louisiana is unique in that it is one of the only states in the country with forced heirship laws. A forced heir is a child who is under the age of 24 at the time of your death or a child who is permanently incapacitated. In certain cases, a grandchild may be considered a forced heir. Under the principal of forced heirship, your forced heirs are legally entitled to inherit from you no matter what you put in your Last Will and Testament.

While forced heirship laws provide legal protection to ensure that your children of a certain age are provided for after your death, there may be certain situations where you feel as if your child or children, despite their age, are undeserving of your assets and property, and you wish to leave them nothing. Disinherison may accomplish this goal, but it is only applicable under certain circumstances.

In order to disinherit a child, you must state it expressly in a valid Louisiana Last Will and Testament. The statement that you wish to disinherit must include the name of the child as well as the cause for the disinherison. Valid or “just” cause is only established under one of the following circumstances.

• The child has raised his hand to strike or has actually struck a parent

• The child has been guilty of cruel treatment, crime or grievous injury toward a parent

• The child has attempted to take the life of a parent

• The child, without any reasonable basis, has accused a parent of committing a crime for which the law provides that the punishment could be life imprisonment or death

• The child has used any act of violence or coercion to hinder a parent from making a testament

• The child, being a minor, has married without the consent of the parent

• The child has been convicted of a crime for which the law provides that the punishment could be life imprisonment or death

• The child, after attaining the age of majority and knowing how to contact the parent, has failed to communicate with the parent without just cause for a period of two years, unless the child was on active duty in any of the military forces of the United States at the time

For a disinherison to be valid, the act establishing just cause must have occurred prior to the execution of the Will that disinherits the heir. It is important to note that there are some defenses to disinherison. It won’t be effective if the person who is disinherited shows that because of his age or mental capacity he was not capable of understanding the effects of his behavior. Disinherison is also invalid if the person to be disinherited shows that the behavior was unintentional or justified under the circumstances. These defenses must be proven and the unsupported testimony of the person to be disinherited shall not be sufficient.

If you still believe disinherison is right for your Will, we can help make sure it’s done correctly so that it holds up in court. Contact us today!