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Estate planning is intensely personal. The terms individuals include in these documents reflect their values and the relationships they have with the people in their lives. Sometimes, people who create estate plans wish to keep an immediate family member, such as a spouse or child, from receiving an inheritance.
Is this possible? It depends on the family member, the nature of the property, and whether Louisiana’s forced-heirship rules apply.
Can You Disinherit a Child in Louisiana?
Most adult children do not have an automatic right to inherit from a parent who leaves a valid will. If an adult child does not qualify as a forced heir, a parent can generally leave that child out of the will and leave the estate to other people.
The rules are different when the child qualifies as a forced heir. Under Louisiana law, forced heirs generally include first-degree descendants who are twenty-three years old or younger at the decedent’s death, as well as first-degree descendants of any age who satisfy the statutory incapacity or infirmity requirements. La. C.C. art. 1493.
Our Louisiana forced-heirship guide explains who qualifies, how representation may apply to grandchildren, and why the date of death controls.
A forced heir is entitled to a reserved portion of the estate called the legitime unless the heir is validly disinherited for just cause. Louisiana law uses the term “disinherison” for this process. La. C.C. art. 1617.
A parent cannot disinherit a forced heir merely because the relationship is strained or because the parent prefers another beneficiary. The cause must be one recognized by law. Statutory causes include certain acts of violence, cruel treatment, attempts on the parent’s life, specified serious criminal conduct, and—under defined circumstances—failing to communicate with the parent for two years without just cause. La. C.C. art. 1621.
The disinherison must be made in the testament, and the testament must state the reason, facts, or circumstances constituting the cause. Otherwise, the disinherison is null. La. C.C. art. 1624.
An explanatory letter may provide context, but it is not a substitute for satisfying the statutory requirements in a valid Louisiana will.
Can You Disinherit a Spouse in Louisiana?
A surviving spouse is not a forced heir merely because of the marriage. A person can generally use a will to leave the property in their estate to someone other than the surviving spouse, subject to forced-heirship rights and any other legal claims that may apply.
Community property creates a separate issue. Each spouse already owns a present, undivided one-half interest in community property. A will cannot take away the surviving spouse’s own half of that property. La. C.C. art. 2336.
The decedent may be able to leave their own half of the community property—and their separate property—to other beneficiaries. However, the surviving spouse may have additional rights depending on the circumstances. For example, a surviving spouse may claim a marital portion when the deceased spouse dies rich in comparison with the survivor. La. C.C. art. 2432.
The result therefore depends on whether the property is community or separate, whether forced heirs exist, what the will provides, and whether another statutory right applies. Our article explaining what a surviving spouse receives in a Louisiana succession provides additional context.
Can You Disinherit Parents or Siblings?
Parents and siblings are not forced heirs under current Louisiana law. A person who leaves a valid will can generally exclude them and leave the estate to someone else.
If there is no valid will, however, Louisiana’s intestate-succession rules determine who inherits. There is no simple rule that a spouse always comes first, followed by children and then parents. The result depends on which relatives survive and whether the property is community or separate.
Learn more about what happens when someone dies intestate in Louisiana.
How Should an Intended Disinheritance Be Addressed?
A person considering excluding a family member should first determine whether that person qualifies as a forced heir. The estate plan should then address the family relationship and the property involved with precise language in a valid Louisiana will.
If a forced heir is being disinherited, the testament must comply with Louisiana’s statutory requirements and state a legally recognized cause with the supporting facts or circumstances. Simply omitting a forced heir, using a generic statement of estrangement, or relying on a separate letter may not accomplish the intended result.
The plan should also account for community property, beneficiary designations, trusts, and other assets that may not be controlled solely by the will.
Determining how to express these wishes while minimizing the risk of a later dispute should be done with the assistance of a Louisiana estate planning lawyer.
Field Law Can Help
Deciding whether and how to exclude a family member from an estate plan requires more than simply leaving a name out of a will. Field Law can help you determine whether forced-heirship, community-property, or spousal-rights rules affect your plan and prepare documents that clearly express your intentions under Louisiana law. Contact Field Law to schedule a consultation about your Louisiana estate plan.
