A Louisiana will can be challenged on formal grounds — an olographic will must be entirely handwritten (La. C.C. art. 1575) and a notarial will requires each page signed, a proper attestation clause, a notary, and two non-beneficiary witnesses (La. C.C. art. 1577). Beyond formal defects, valid grounds include testamentary incapacity, undue influence, and forgery; forced heirs (children under 24 or permanently incapacitated) cannot be disinherited regardless of what the will says.
The Decedent's Freedom of Choice
First and foremost, under Louisiana law, a decedent can leave their assets to anyone they name in their Last Will and Testament. This means they can choose to not leave anything to their kids if they so desire. The only exception to this is if there is a child who qualifies as a “forced heir.” Forced heirs are children under the age of 24 years of age, or children who suffer from a mental or physical disability that prevents them from taking care of themselves. Louisiana law provides that a “forced heir” is entitled to receive a portion of decedent’s estate even if the forced heir was not named in the Last Will and Testament. An heir who is not a forced heir, who is left out of the Last Will and Testament, does not have a legal basis to challenge the validity of the Testaments simply because it unfairly leaves them out.
Must Have the Original Will, Not a Copy
One common, and often successful, challenge that is made to challenge a testament is to establish that the testament is photocopy and not the original document. Louisiana law requires that the original Last Will and Testament, not a copy, be used for probate. If the original Last Will and Testament cannot be found, there is a presumption under the law that the decedent destroyed and revoked the Testament before their death. If revoked, a copy of the testament cannot be used for probate.
There is an exception however that does permit the use of a copy in place of the original, but only when there is evidence that the original was unintentionally lost or destroyed by the decedent. An example would be when there is evidence that the decedent kept the original testament in their home and the home was accidently lost in the fire. When such evidence is not present however, the original Last Will and Testament is required for probate.
Will Must Be In Proper Legal Format
A Last Will and Testament can also be invalidated when it is not in the proper legal format. Louisiana law specifically provides legal requirements that must be met in order for a testament to be valid. For example, if the testament is handwritten by the decedent, the law requires that the entire Testament be in the handwriting of the decedent including the date, body and signature on the document. Quite often, it can be proved that someone else wrote the will and that the decedent only signed it. If that is proven, the Last Will and Testament is invalid and can be successfully challenged.
For notarial Wills, Louisiana law requires that each page of the Last Will and Testament must be signed by the testator and that a valid attestation clause appear at the end of the Last Will and Testament and that it be properly executed before a notary and two witnesses. If any of these requirements are not met the Last Will and Testament can be invalided.
Who Were The Witnesses?
It is also possible to partially invalidate certain parts of the Last Will and Testament. Louisiana has specific rules on who cannot serve as a witness to a Last Will and Testament. Anyone who will inherit something pursuant to the testament is precluded from serving as a witness to the testament. For example, if a Last Will and Testament leaves a cash gift to a friend of the decedent who also signed as a witness on the Testament, then the provision of the testament relating to that gift would be invalid.
Forgery of Signature on Last Will and Testament
Forgery of the decedent’s signature is also a ground for invalidating a testament. Clearly, in order for a Last Will and Testament to be valid, it must be signed by the decedent. In order to prove that a Will was forged, it is usually necessary to hire a handwriting expert to analyze the signature on the testament. Samples of the decedent’s handwriting are obtained to compare the handwriting on the Last Will and Testament to in order determine whether the signature is a forgery.
Other factors such as the decedents’ health and physical abilities on the date the Last Will and Testament that may have affected his/her handwriting are considered in this analysis. If it is proven that the Testament was forged, the Last Will and Testament is invalidated.
Mental and Health Condition When Last Will and Testament Was Signed
Finally, the decedent’s mental capacity and whether he/she was capable of understanding what they were doing at the time the Will was made is another possible way to invalidate a testament. Often, a Last Will and Testament is signed late in life and sometimes right before death. If the decedent was not of sound mind or under the influence of heavy medication at the time, it becomes questionable as to whether he/she could understand what was being done.
This is often the case when the decedent was suffering from Alzheimer’s, dementia, or other mental disorders. To invalidate a testament in this situation, medical evidence of the decedent’s condition is needed to prove the decedent lacked mental ability to make a Last Will and Testament.
How Our Succession & Probate Attorneys Can Help With Challenging the Validity of a Last Will and Testament
These are just some of the most common challenges that can made to invalidate a Last Will and Testament. The advice of an experienced succession attorney is needed to review the facts of a particular case to determine if a successful challenge to a testament can be made.
Grounds to Challenge a Will in Louisiana
Not every disagreement about a will is a valid legal challenge. Louisiana courts will entertain a will contest only when there is a specific legal ground. The most recognized grounds are:
- Formal defects. A will that does not comply with Louisiana’s strict execution formalities is null on its face. For a notarial testament: missing notary, fewer than two witnesses, failure to sign every page, or parties not all present simultaneously. For an olographic will: not entirely handwritten, missing date, or missing signature. These defects are established by examining the document itself.
- Testamentary incapacity. The testator must have been of “sound mind” at the time of signing — meaning they understood the nature of making a will, knew what property they owned, recognized who their natural heirs were, and could connect these elements in a rational way (La. C.C. art. 1477). A testator with dementia who did not understand what they were signing may have lacked capacity. Medical records, physician testimony, and witness accounts from around the time of signing are central to these claims.
- Undue influence. Under La. C.C. art. 1479, a will provision is null if it was made as a result of influence that “so impaired the testator’s liberty of will” that the provision doesn’t represent a true free choice. Common scenarios: an adult child in a position of control over an elderly parent who changes the will dramatically in that child’s favor; a late-in-life caregiver who becomes the primary beneficiary. Undue influence is notoriously hard to prove.
- Fraud. The testator was deceived about what they were signing, or someone made false representations that caused the testator to change the will.
- Forgery. The will or the testator’s signature is fabricated. Handwriting experts and evidence about the testator’s circumstances at the alleged signing date are typically used.
- Revocation. A later valid will generally revokes a prior will. A properly executed revocation act can also cancel a will.
Who Has Legal Standing to Contest a Louisiana Will?
Not anyone who is unhappy about a will can contest it. Louisiana requires a challenger to have “standing” — meaning a legally recognized interest in the outcome. Standing exists if you would receive more under a different outcome than you receive under the challenged will. This includes:
- Intestate heirs — persons who would inherit if there were no valid will. If the will is invalidated, they would receive a share they are currently being denied.
- Forced heirs — children under 24 or permanently incapacitated children who are entitled to the legitime regardless of what the will says. A forced heir who is given less than their forced portion can petition to reduce the excess gifts, even without a full will contest.
- Legatees under a prior will — someone named in an older will who would receive more if the newer will is struck down.
How Long Do You Have to Contest a Will in Louisiana?
Louisiana will contests are subject to strict time limits called prescription (the civil law equivalent of a statute of limitations). Missing the deadline extinguishes your right to challenge — regardless of how strong your case might otherwise be.
- Five years from the date of probate is the general prescription period for challenging a probated will in Louisiana (La. C.C.P. art. 2932). Once a will has been probated, a challenger has five years from that probate date to bring a nullity action.
- Five years from the date of death for a will that was never presented for probate. In this case, the prescription runs from the date of death rather than a probate date.
- Forced heir claims should be brought during the succession proceeding, not years later, to avoid additional prescription issues.
Practical warning: These are outer limits — waiting until the deadline is nearly always a mistake. Evidence disappears. Witnesses’ memories fade. Assets may be distributed to legatees before a contest is resolved, making recovery more difficult. If you believe a will is invalid, consult a succession litigation attorney promptly — ideally before or immediately after the succession is opened.
The succession and probate attorneys at Scott Law Group help hundreds of families every year with succession issues. We can guide you through the process so that you can know your rights and if a Will is valid. Let our experience work for you to make the probate process as easy and cost-effective as possible. Contact us in our New Orleans or Covington office to get started today.