How to Disinherit a Child in Louisiana (What’s Actually Possible)

You can’t simply leave a child out of your Louisiana will. Louisiana is the only state that still has forced heirship — a Civil Code doctrine that protects certain children from being disinherited regardless of what their parent intended. Whether you can actually disinherit a child depends entirely on the child’s age, their capacity, and (in some cases) their conduct.

The short answer: it depends on the child’s age and capacity

Louisiana’s rules break down into three clean categories:

If your child fits the first row, you can leave them entirely out of your will for any reason or no reason. If they fit the second or third row, they’re a forced heir under La. C.C. art. 1493, and disinheritance requires specific legal grounds.

If your child is 24+ and capable: full freedom

Once a child turns 24 and is not permanently incapacitated, they are no longer a forced heir. You have full testamentary freedom to:

• Leave them nothing
• Leave them a small amount as a symbolic gesture
• Leave them more or less than other children
• Leave everything to a spouse, friend, charity, or stranger

You do NOT need to state a reason. You do NOT need to prove the child has done anything wrong. Louisiana law gives you the same testamentary freedom most other states give for all adult children.

One important note: if you have other children who are still under 24 or permanently incapacitated, those other children remain forced heirs even if the child you want to disinherit is over 24. Forced heirship applies child-by-child.

If your child is under 24 or permanently incapacitated: limited grounds

For forced heirs (children under 24 at your death, or any age and permanently incapacitated), Louisiana lets you disinherit ONLY on specific grounds listed in La. C.C. art. 1621. The current grounds are:

1. The child has raised a hand to strike the parent, OR has actually struck the parent
2. The child has been guilty of cruel treatment, crime, or grievous injury toward the parent
3. The child has attempted to take the parent’s life
4. The child, without reasonable basis, accused the parent of a crime punishable by life imprisonment or death
5. The child used violence or has been convicted of a crime of violence against the parent
6. The child has been a usual or notorious user of illegal substances and has refused parental help
7. The child has refused communication with the parent for two years without cause (where they had the means to do so)
8. The child marries against the parent’s consent when a minor
9. Other specific grounds in the statute

These grounds are narrow, specific, and the burden of proof falls on whoever is trying to enforce the disinheritance. You can’t use vague language like “my child has been disrespectful” — the will must state a specific statutory ground.

How to actually do it — the procedural requirements

If your child fits a disinheritance ground, the disinheritance must be done properly to hold up to challenge:

1. The cause must be expressly stated in the will

You cannot disinherit silently or by implication. The will must explicitly state the disinheritance and identify the specific cause (e.g., “I disinherit my son John under La. C.C. art. 1621 because he attempted to take my life on March 15, 2024, as documented by police report #12345”).

2. The cause must have actually occurred

The stated cause must be true and provable. If the disinheritance is challenged, the personal representative (or another party with standing) has to prove the cause by admissible evidence. Police reports, court records, medical records, witness testimony — all may be required.

3. The will must itself be valid

A disinheritance clause in an invalid will is meaningless. The will must comply with all Louisiana will requirements (notarial form, witnesses, or proper olographic form). See our guide on the Louisiana last will and testament.

4. Reconciliation reverses disinheritance

If you disinherit a child and then reconcile, the disinheritance is automatically revoked — even if you never update your will. This is a built-in safeguard against permanent rifts.

What happens if your disinheritance fails?

If the disinheritance is challenged successfully — or if the stated cause doesn’t hold up — the forced heir is entitled to claim their légitime (forced portion): 1/4 of the estate if they’re the only forced heir, or 1/2 divided among multiple forced heirs.

The court orders a reduction action (La. C.C. arts. 1503–1518) clawing back enough property from the over-favored beneficiaries to satisfy the forced portion. The forced heir gets what they were entitled to under law, and the rest of the will stands.

This is why failed disinheritance attempts are so expensive — the original beneficiaries (the spouse, other children, charities) lose what was given to them, plus everyone pays attorneys to fight about it.

What does NOT work as disinheritance in Louisiana

Just leaving the child out of the will

Silence is not disinheritance. A forced heir not mentioned in the will is still entitled to their légitime. The will doesn’t override forced heirship simply by omission.

Saying “I disinherit them, but with no reason”

For a forced heir, a disinheritance clause without a stated statutory ground is unenforceable. The will may technically still be valid, but the disinheritance clause is ignored and the forced heir gets the légitime.

Generic moral judgments

“My child has been ungrateful,” “my child has chosen a lifestyle I don’t approve of,” or “my child has been a disappointment” are not statutory grounds. They don’t work, no matter how strongly you feel.

Family estrangement without proof of refused communication

Mere estrangement — family members not speaking — isn’t enough. The statutory ground requires “refused communication for two years without cause where the child had means to do so.” The burden is on the parent (or estate) to prove the child could have communicated and chose not to.

Transferring everything to a trust that excludes the child

Property in a revocable living trust is generally treated for forced heirship purposes as if it were still in the estate. The trust can’t simply circumvent forced heirship.

Out-of-state moves at the last minute

Louisiana law applies to the succession of a Louisiana decedent regardless of where they technically died. Establishing a new domicile to escape forced heirship is hard and risky if Louisiana property is involved.

Alternatives to outright disinheritance

For parents who can’t fully disinherit a child but want to limit what the child receives, several legitimate strategies exist:

Use the disposable portion thoughtfully

With 1 forced heir, the légitime is 1/4 and the disposable portion is 3/4. With 2+ forced heirs, the légitime is 1/2 and the disposable portion is 1/2. The disposable portion can go to ANYONE — a spouse, charity, friend, or other children. You can substantially reshape the practical outcome through how you allocate the disposable portion.

Hold the légitime in trust

The forced portion can be held in a properly-structured trust rather than distributed outright. The forced heir’s interest must vest (it can’t be made contingent), but distribution can be delayed, conditional, or in trust form. This lets parents control timing and prevents lump-sum dissipation.

Lifetime gifts to non-forced-heir beneficiaries

Gifts during life to non-descendant beneficiaries (spouse, friends, charities) reduce the estate’s value at death. Watch out for collation rules that can pull lifetime gifts to descendants back into the calculation.

Usufruct for the surviving spouse

Louisiana law lets a parent grant the surviving spouse a usufruct over property left to forced heir children. The forced heir technically receives the property (the naked ownership), but the surviving spouse uses it for life. This is one of the most common Louisiana planning techniques and effectively delays the forced heir’s practical inheritance.

Wait until age 24

If the only forced heir is a child currently under 24, full testamentary freedom returns when that child turns 24 (assuming they don’t fall into the permanent incapacity exception). Many estate plans are deliberately structured to be updated at this milestone.

If you’re the child being disinherited

If you discover a Louisiana parent has tried to disinherit you, several questions matter:

• Were you under 24 at the parent’s death? If yes, you’re a forced heir and the disinheritance is only valid on narrow statutory grounds.
• Are you permanently incapacitated? Same protection.
• What ground did the will state? If it failed to state a ground, the disinheritance is unenforceable.
• Is the stated ground actually true and provable? If not, the disinheritance can be defeated.
• Did you reconcile with the parent before death? If so, the disinheritance is automatically revoked.

You generally have 5 years from the opening of the succession to file a reduction action claiming your légitime. After that, the right is lost. If you think you have a claim, consult a Louisiana estate litigation attorney quickly.

Frequently asked questions

Can you disinherit a child in Louisiana?

Yes, but it depends on the child’s age and capacity. Children 24+ and capable can be disinherited freely. Children under 24 or permanently incapacitated are forced heirs and can only be disinherited on specific narrow statutory grounds.

How do you legally disinherit a child in a Louisiana will?

For an adult child 24+ and capable: simply leave them out of the will, or include a clause stating they receive nothing. For a forced heir: include a clause that explicitly identifies the disinheritance, states the specific statutory ground from La. C.C. art. 1621, and provides enough detail to prove the cause if challenged.

What does it mean to disinherit a child?

To disinherit a child means to deliberately exclude them from your estate — either entirely or substantially. In Louisiana, disinheritance is constrained by forced heirship rules: full disinheritance is allowed for adult capable children, restricted for forced heirs.

Can I disinherit a child for no reason in Louisiana?

Yes, if the child is 24+ and capable. No, if the child is under 24 or permanently incapacitated — in that case you need a specific statutory ground.

What are the grounds to disinherit a child under Louisiana law?

La. C.C. art. 1621 lists the grounds: raising a hand to strike or actually striking the parent, cruel treatment or grievous injury toward the parent, attempting to take the parent’s life, accusing the parent of a capital crime without basis, conviction of violence against the parent, notorious illegal substance use with refusal of help, refused communication for 2+ years without cause, marriage against parental consent as a minor, and other specific grounds.

How much does it cost to disinherit a child in Louisiana?

For an adult child 24+ and capable, disinheritance is just part of standard will drafting — typically $500–$1,500 for the will. For a forced heir, the will is more complex and may need additional documentation, costing $1,500–$3,500. The real cost is potential litigation if the disinheritance is challenged after death — $20,000–$100,000+ in fees.

Does Louisiana let you disinherit an adult child?

Yes — if the child is 24 or older and not permanently incapacitated. They’re no longer a forced heir and you can disinherit them with no reason required.

Can I disinherit my child for not speaking to me?

If the child is over 24 and capable: yes, for any reason or no reason. If the child is under 24 or permanently incapacitated: only if the “refused communication for 2 years without cause” ground applies — and you’d need evidence of the refusal and the child’s ability to communicate.

What if my disinherited child reconciled with me before I died?

Reconciliation automatically revokes a prior disinheritance under Louisiana law. The child’s forced heir status (if applicable) is restored even if you never updated the will to remove the disinheritance clause.

Can I disinherit a stepchild?

Stepchildren are not forced heirs, so they have no statutory right to inherit anyway. You can simply leave them out of the will. Disinheritance language isn’t needed.

Does forced heirship apply to my grandchildren?

Only by representation: if your child predeceased you and your grandchild is under 24 or permanently incapacitated, they step into your deceased child’s shoes as a forced heir. Otherwise, grandchildren are not forced heirs.

What happens to my will if my child challenges the disinheritance?

The rest of the will generally remains valid — just the disinheritance clause is challenged. If the child wins, a reduction action restores their forced portion, redistributing property from over-favored beneficiaries. If the child loses, the disinheritance stands.

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Disinheriting a child in Louisiana is more nuanced than in any other state. If you’re planning your estate and considering disinheritance — or if you’re a child concerned about your inheritance rights — contact Scott Law Group — Estate Counsel or call (504) 264-1057. We handle both estate planning and forced-heirship litigation.

This article provides general information about Louisiana disinheritance law and is not legal advice. Specific situations should be reviewed with a qualified Louisiana attorney.