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Aug 02, 2026
A person preparing an estate plan may want to exclude an estranged child, former friend or other relative who would otherwise expect an inheritance. Louisiana law often permits that choice, but the proper method depends on who is being excluded.
The first question is whether the person is a forced heir. Omitting a non-forced heir is very different from formally disinheriting a forced heir under Louisiana law.
Can You Simply Leave Someone Out of Your Will?
If the person is not a forced heir, a valid Louisiana will can ordinarily leave that person nothing.
For example, an adult child who is at least twenty-four and does not qualify as a forced heir because of incapacity can generally be omitted from a parent’s will. The parent does not need a statutory cause merely because the person is a biological child.
The will should usually make clear that the omission is intentional. That can help prevent an argument that the testator forgot the person or accidentally omitted an entire branch of the family.
The language does not need to be insulting or provide a detailed account of the relationship. A straightforward statement of intentional omission is often more useful than accusations that could create additional factual disputes.
Most importantly, the person must have a valid will. If the parent dies without a will, Louisiana intestacy law—not the parent’s unwritten wishes—determines who inherits. An estranged child can still inherit through intestacy unless another rule prevents it.
Is the Person a Forced Heir?
Louisiana forced-heirship law protects certain descendants from complete disinheritance.
Under Louisiana Civil Code Article 1493, forced heirs generally include:
- A child who is twenty-three years of age or younger when the parent dies
- A child of any age who qualifies under Louisiana’s permanent-incapacity standard
- Certain descendants who qualify through the limited rules governing representation
A person remains twenty-three or younger until reaching the age of twenty-four. Because status is generally determined at the parent’s death, a child who was a forced heir when the will was prepared may no longer qualify when the parent dies—or the reverse may occur if an adult child later develops a qualifying incapacity.
Before attempting to disinherit a child, review who qualifies as a forced heir in Louisiana.
Disinheriting a Forced Heir Requires a Statutory Cause
Louisiana uses the term disinherison for the formal process of depriving a forced heir of the legitime.
Under Civil Code Article 1617, a forced heir may be deprived of the legitime only when the testator disinherits the heir for just cause and follows the legally required procedure.
Article 1620 makes clear that there are no valid causes for disinherison beyond those specifically recognized by law.
The statutory causes listed in Civil Code Article 1621 include circumstances involving:
- Striking or raising a hand to strike the parent
- Cruel treatment, a crime or grievous injury against the parent
- Attempting to take the parent’s life
- Certain serious and baseless criminal accusations against the parent
- Violence or coercion intended to prevent the parent from making a testament
- A minor child marrying without the parent’s consent
- Conviction of a crime carrying a potential sentence of life imprisonment or death
- An adult child’s failure to communicate with the parent, without just cause, for two years despite knowing how to contact the parent
Ordinary disappointment, financial success, political disagreements, an incompatible lifestyle or a difficult personality are not statutory grounds for depriving a forced heir of the legitime.
Those considerations may influence how a parent treats a child who is not a forced heir, but they do not create an additional cause for formal disinherison.
The Disinherison Must Appear in a Valid Testament
A parent cannot formally disinherit a forced heir through a conversation, an unsigned note or a statement in a power of attorney.
Under Civil Code Article 1618, the disinherison must be made in one of the forms prescribed for testaments. Article 1619requires the disinherison to be express, for just cause and directed toward a person who is named or otherwise identifiable from the instrument.
The testament must also state the reason, facts or circumstances constituting the cause. A generic provision saying “I disinherit my child” may not satisfy Louisiana law when the child is a forced heir.
The statutory cause must have occurred before the instrument containing the disinherison was executed. If relevant conduct occurs later, the testament may need to be revised.
Can the Child Challenge the Disinherison?
Yes. A testamentary provision does not become unchallengeable merely because it uses the word “disinherit.”
The child may argue that:
- The stated conduct never occurred
- The conduct does not qualify under Article 1621
- The testament does not adequately describe the cause
- The alleged cause occurred after the testament was signed
- The failure to communicate was supported by just cause
- The parent and child later reconciled
- The testator lacked capacity
- The provision resulted from fraud, duress or undue influence
- The testament was not properly executed
The success of the challenge will depend on the testament’s language and the available evidence.
If disinherison is part of the plan, the testator and attorney should consider what records or contemporaneous documentation may be needed to establish the statutory cause after the testator is no longer available to testify.
Should You Leave the Person One Dollar or $100?
A token inheritance is sometimes suggested as a way to prove that the person was not forgotten. It usually does not prevent a challenge.
Leaving someone $1 or $100 may instead:
- Make the person a legatee under the will
- Require the executor to address and deliver the small legacy
- Give the person a direct financial interest in the succession
- Create additional notice or administrative issues
- Fail to provide any meaningful deterrent against litigation
If the person is not a forced heir, an express statement that the omission is intentional is generally clearer than a nominal legacy.
If the person is a forced heir, a token gift does not satisfy the legitime and does not replace the statutory disinherison requirements.
Will a No-Contest Clause Prevent a Challenge?
A no-contest clause attempts to penalize a beneficiary who brings a covered challenge to the will. Such a provision may discourage a baseless lawsuit, but it cannot guarantee that no challenge will be filed.
Louisiana clarified the law governing these provisions in 2025. Under Civil Code Article 1519.1, a penalty clause is unenforceable if a factual basis existed that would lead a reasonable person to conclude there was a substantial likelihood that the challenge would succeed.
A no-contest clause also gives little leverage when the excluded person receives nothing that could be forfeited. Leaving a token gift solely to support a penalty clause may create more complications than benefits.
These clauses should be considered individually and drafted carefully. They are not a substitute for a valid will, proper execution or compliance with forced-heirship law.
What About a Surviving Spouse?
A surviving spouse is not generally a forced heir merely because of the marriage. That does not mean a will can eliminate every right the spouse may possess.
A person cannot give away the surviving spouse’s share of community property. The spouse may also have rights involving retirement accounts, jointly owned property, beneficiary designations, a marital portion or other legal protections.
A plan intended to exclude or limit a spouse’s inheritance must distinguish between:
- Property already owned by the spouse
- The testator’s share of community property
- The testator’s separate property
- Property controlled by beneficiary designations
- Potential statutory claims of the surviving spouse
A marriage contract, divorce, separation or informal agreement does not automatically resolve every inheritance issue.
Review Property That Does Not Pass Through the Will
A will controls only property that passes through the testamentary estate. Other assets may be controlled by:
- Life-insurance beneficiary designations
- Retirement-account beneficiary designations
- Trust instruments
- Business operating agreements
- Joint ownership arrangements
- Transfer-on-death designations authorized by applicable law
Removing a person from the will while leaving that person named on a retirement account or life-insurance policy may produce the opposite of the intended result.
Likewise, naming a different beneficiary in a will ordinarily does not override a valid contractual beneficiary designation. The entire estate plan must be coordinated.
Would a Trust Help?
A properly funded trust can control how trust-owned property is managed and distributed. A trust may be useful when the goal is to benefit someone indirectly, place conditions on distributions or provide for one family member while preserving property for another.
A trust does not permit a person to ignore forced-heirship rights, and it is not immune from challenges based on capacity, fraud or undue influence. It must also be funded and coordinated with the will and beneficiary designations.
Read more about using a trust in a Louisiana estate plan.
Reduce the Risk of a Later Contest
Excluding a close family member can increase the likelihood of litigation. Practical safeguards may include:
- Using a properly drafted and executed Louisiana testament
- Meeting privately with the estate-planning attorney
- Documenting that the decision is voluntary
- Addressing capacity concerns when the will is signed
- Stating intentional omissions clearly
- Avoiding inflammatory or unnecessary accusations
- Documenting the facts supporting any statutory disinherison
- Properly revoking earlier wills
- Reviewing beneficiary designations
- Updating the plan after family or medical changes
- Choosing an executor who can administer the estate impartially
Our article on reducing the risk of a Louisiana will contest discusses these safeguards in greater detail.
Field Law Can Help With Disinherison and Intentional Omissions
Disinheriting someone in Louisiana is not a one-size-fits-all process. The correct approach depends on whether the person is a forced heir, what property the testator owns and whether the property will pass through a will, trust or beneficiary designation.
Field Law helps Louisiana clients prepare intentional-omission provisions, evaluate statutory causes for disinherison, coordinate beneficiary designations and develop estate plans designed to reduce future disputes.
If you want to exclude someone from your estate plan—or determine whether an existing provision is enforceable—contact Field Law to schedule a consultation.
