Disinheriting a Child in Louisiana: Forced Heirship and Just Cause
Perkins Road Notary · Updated October 8, 2026
Meet our notaries
Louisiana law protects certain descendants through forced heirship. Leaving a child out of a will does not necessarily remove that child’s protected inheritance. Whether an exclusion is valid depends on the heir’s status, the facts and the wording of the testament.
Who is a forced heir?
Under Civil Code article 1493, children who are 23 or younger at the parent’s death generally qualify. Children of any age can also qualify because of permanent mental incapacity or physical infirmity. The article includes rules for certain grandchildren and medically documented inherited, incurable conditions that may cause future incapacity. Age alone is not enough to assess every family.
Can a forced heir be disinherited?
Article 1617 permits disinherison for just cause in the manner required by law. Simply describing someone as a “problem child” is not a legal ground.
The permitted grounds for a parent to disinherit a child appear in article 1621. They address specified conduct, including violence, serious mistreatment, certain criminal conduct and unjustified failure to communicate for two years under the article’s conditions. The cause must occur before the instrument is signed. Estrangement does not automatically establish a valid cause.
Why does the wording matter?
The testament must satisfy the legal requirements. Article 1624 requires the instrument to state the reason, facts or circumstances supporting the disinherison. A general statement of dissatisfaction can leave the intended exclusion vulnerable to challenge.
Discuss disinheritance with an attorney
If you want to exclude a child, have an attorney assess forced heirship, the supporting facts and the drafting requirements before signing a will. Contact our sister company, Field Law, for estate-planning advice.
For our ordinary will-preparation and signing services in Baton Rouge, see estate planning at Perkins Road Notary or call (225) 341-3828. Will signings require an appointment.