Disinheriting a Child Under Louisiana Law

Louisiana is one of the few states in the United States where a parent cannot completely disinherit certain children. This protection — called forced heirship — is a cornerstone of Louisiana’s civil law tradition inherited from French and Spanish law. Understanding who qualifies, what they are entitled to, and when disinheritance is actually allowed is essential for both estate planners and potential heirs.

Who Qualifies as a Forced Heir in Louisiana?

Louisiana law currently limits forced heirship to two categories of children:

1. Children under the age of 24 at the time of the parent’s death
2. Children of any age who have a physical or mental infirmity that permanently prevents them from caring for themselves

Adult children who are 24 or older and capable of caring for themselves — regardless of the circumstances that led to their estrangement — are generally not forced heirs under current Louisiana law. This is one of the most misunderstood aspects of Louisiana succession law. Many adult children believe they cannot be disinherited, but the forced heirship protection no longer covers most adults.

What Is a Forced Heir Entitled To?

A forced heir is entitled to a forced portion of the parent’s estate:

• One-fourth (1/4) of the estate if the parent has one forced heir
• One-half (1/2) of the estate if the parent has two or more forced heirs

The remaining portion of the estate — called the disposable portion — can be left to anyone the testator chooses, including stepchildren, charities, friends, or more distant relatives.

Can a Forced Heir Be Disinherited for Cause?

Yes, in limited circumstances. Louisiana law provides specific grounds on which a parent may disinherit a forced heir “for just cause.” These grounds are narrow and must be stated in the will. They include acts such as:

• Physical or sexual abuse of the testator or their spouse
• A felony conviction that results in bodily harm to the testator, their spouse, ascendants, or descendants
• Certain other specified acts of serious misconduct

General estrangement, limited contact, or parental disappointment does not constitute just cause for disinheritance of a forced heir. The courts have interpreted these provisions narrowly.

What Options Do Non-Forced-Heir Children Have?

If you are over 24 and can care for yourself, you are not a forced heir, and a valid will can completely exclude you. Your options if excluded are limited to:

• Challenging the will’s validity on grounds such as undue influence, fraud, or lack of capacity
• If the will is successfully voided, Louisiana intestacy law would then determine distribution — potentially including you

A will challenge based on undue influence or fraud requires specific evidence and is not simply available because you believe the disinheritance was unfair.

Contact Scott Law Group — Estate Counsel or call (504) 264-1057 to discuss forced heirship rights or disinheritance questions in Louisiana.

This article provides general information about Louisiana succession law and is not legal advice for your specific situation.

Estate Planning Strategies and Forced Heirship

Louisiana law does permit some estate planning strategies that reduce the practical impact of forced heirship while remaining legally compliant. For example, a testator may grant a surviving spouse a usufruct over the forced heir’s portion during the spouse’s lifetime, meaning the forced heir ultimately receives their inheritance but does not have access to it while the parent’s surviving spouse is alive. This approach is common in blended families and situations where the testator wants to provide for a surviving spouse without immediately transferring assets to children from a prior relationship.

Families with complex succession and estate planning questions related to forced heirship — including blended families, disabled children, or children with creditor issues — benefit significantly from working with an attorney who has experience with Louisiana’s unique civil law framework.

The Limits of Disinheritance in Louisiana: The Forced Portion

Louisiana is one of the few states in the country that significantly limits a parent’s ability to disinherit a child. The principle is called forced heirship, and it is rooted in the state’s civil law tradition. Under Louisiana Civil Code articles 1493 through 1503, forced heirs — children who are under age 24 at the time of the parent’s death, and children of any age who are permanently incapacitated from managing their own affairs — cannot be completely disinherited. They are entitled to a minimum share of the estate called the forced portion or legitime, regardless of what the will says.

The size of the forced portion depends on the number of forced heirs. If there is one forced heir, the forced portion is one-quarter of the estate. If there are two or more forced heirs, the forced portion is one-half of the estate, divided equally among them. The remainder of the estate — the disposable portion — can be given to anyone the testator chooses, including other children, a spouse, charities, or non-family members. A parent who wants to leave more to one child than another, or to favor a new spouse over children from a prior relationship, can do so within the disposable portion, but cannot reduce the forced heir’s mandatory share below the minimum.

Adult children over age 24 who are not permanently incapacitated are not forced heirs under current Louisiana law. This was not always the case: Louisiana used to protect all descendants as forced heirs, but a 1995 constitutional amendment significantly narrowed the class of forced heirs to children under 24 and the permanently disabled. A testator with children who are all over 24 and not permanently incapacitated has complete freedom of testation — they can leave the entire estate to any person or organization, including completely disinheriting an adult child, without the child having any legal remedy based solely on forced heirship.

The Legal Grounds Required to Disinherit a Forced Heir

A testator who wants to exclude a forced heir entirely — to reduce their share below the forced portion — must state one of the specific grounds for disinheritance authorized by Louisiana Civil Code article 1621. These grounds are narrow and exclusive: if the reason for disinheritance does not fall within one of the enumerated categories, the disinheritance is legally void, and the forced heir is entitled to their full forced portion regardless of what the will says. The burden is on the estate to prove that a valid ground exists if the forced heir challenges the disinheritance.

The enumerated grounds for disinheriting a forced heir include: the child has struck or cruelly treated the parent; the child has committed a crime against the parent; the child has attempted to take the parent’s life; the child has accused the parent of a capital offense without basis; the child has refused to ransom the parent from captivity; the child has used violence to prevent the parent from making a will; the child has failed to communicate with the parent for a period of two years, without just cause, if the parent was in need and the child knew of that need; and other specific grounds. These are the only legally recognized grounds — disliking a child, having a poor relationship with them, or simply preferring other heirs are not sufficient under Louisiana law to disinherit a forced heir.

For a disinheritance based on one of these grounds to be legally effective, the will must expressly state the ground for the disinheritance. A will that simply omits a forced heir or states “I give nothing to my son” without stating a specific legal ground is generally ineffective as a disinheritance of a forced heir — the heir retains their right to the forced portion. The specificity requirement is intentional: Louisiana law imposes a high burden on a parent who wants to exclude a protected child, and a valid disinheritance requires both a legal ground and explicit documentation of that ground in the will.

Reducing a Child’s Inheritance Without Complete Disinheritance

A testator who cannot legally disinherit a forced heir — because no enumerated ground applies — still has meaningful flexibility in structuring the inheritance. The testator can give the forced heir exactly the minimum required by law (the forced portion) and leave everything else to others. The forced heir receives their share, but it is the smallest amount the law allows rather than an equal distribution. This approach is legally sound and does not require any ground for disinheritance, because the forced heir is not being excluded — they are receiving exactly what the law guarantees them.

A testator may also consider giving the forced heir’s portion in a specific form — for example, as a usufruct during the testator’s surviving spouse’s lifetime, with full ownership passing to the forced heir only after the spouse’s death. This type of structuring is complex and requires careful legal advice to ensure the arrangement complies with Louisiana’s forced heirship requirements. Courts have scrutinized arrangements designed to minimize the forced heir’s practical benefit while technically complying with the letter of the law. The succession attorney must design the estate plan to survive legal challenge if the forced heir decides to contest it.

When an adult child has severe addiction issues, mental health challenges, or financial irresponsibility that makes a direct inheritance counterproductive, a testamentary trust can accomplish the goal of providing for the child’s needs without giving them outright control of the funds. A trustee — who may be a bank, a professional fiduciary, or a trusted family member — manages the funds according to the trust’s terms, distributing amounts as needed for the child’s health, education, and maintenance. A properly structured trust that provides for the forced heir in this manner generally satisfies the forced heirship requirement while protecting the inheritance from the child’s potential mismanagement.