If there’s something about the will of your parent, spouse, child, or other loved one that doesn’t seem right to you, you may consider contesting the will in court. But it’s important that you know whether you have grounds to challenge the will and what could happen if the court finds the will invalid.
Grounds for Challenging a Louisiana Will
As an heir or legatee, you may challenge the validity of a Louisiana will on the following grounds:
- Undue influence. If someone else forced, pressured, or exerted undue influence on your loved one, the will may not reflect your loved one’s intent.
- Lack of capacity. If your loved one did not understand the legal consequences of executing a will, your loved one may not have had the capacity to create a will.
- Forgery or fraud. If your loved one is not the one who signed the will or was tricked into signing the will, the will may be invalid.
- Noncompliance with Louisiana law. Wills must meet specific legal requirements to be valid in the State of Louisiana.
- Revocation. If the will was destroyed or otherwise revoked before your loved one died, the will may not be valid. Instead, a will that was created later or the laws of intestacy may apply.
What Happens if the Court Finds the Will Invalid?
If the court finds the will invalid, the outcome may not be what you expect or what you are trying to achieve. Your loved one’s estate may pass to legal heirs according to Louisiana’s laws of intestacy. The court will not be able to distribute property based on what you think your loved one would have wanted. Instead, the court will be bound by the laws of intestacy, which may or may not result in an inheritance for you.
Contact Us About Invalid Wills
You likely want to know what will happen to your loved one’s estate if the will is invalid. Our experienced Louisiana estate litigation attorneys will evaluate all aspects of your loved one’s will, estate plan, and Louisiana law and talk to you about the potential outcomes of contesting your loved one’s will. That way, you can make an informed decision about what to do next. Please contact us any time by phone or through this website to schedule a meeting to learn more.