Louisiana is the only state in the country that still recognizes forced heirship — a centuries-old doctrine that guarantees certain children a minimum share of their parent’s estate, regardless of what the parent’s will says. Most Louisiana parents can leave their estate to whomever they choose. But if a qualifying forced heir exists, the parent’s freedom to disinherit is limited and the grounds for doing so are narrow, specific, and procedurally demanding.
This page explains who counts as a forced heir, how much they’re entitled to receive, the specific circumstances under which a parent can legally disinherit a forced heir, and what goes wrong when families try to disinherit without meeting the legal requirements.
Who is a forced heir in Louisiana?
Under La. C.C. art. 1493, a “forced heir” is a child of the decedent (or, in some circumstances, a representative grandchild) who, at the time of the decedent’s death, is:
- Under the age of 24, or
- Permanently incapable of taking care of their person or administering their estate due to mental incapacity or physical infirmity
A child who is 24 or older at the time of the parent’s death and who is not permanently incapacitated is not a forced heir and can be freely disinherited. This is a sharp cutoff: a child who is 23 years and 364 days old at the parent’s death qualifies; a child who is 24 years and 1 day does not.
The “permanent incapacity” standard is stringent. Temporary illness, moderate mental health issues, or intermittent impairments don’t qualify. The incapacity must be both permanent and total enough to prevent the person from self-care or estate administration.
Grandchildren can qualify as forced heirs in specific circumstances — when their parent (the decedent’s child) has predeceased the decedent, and the grandchild would have qualified by age or incapacity. This is less common but consequential when it applies.
The forced portion (legitime)
A forced heir is entitled to a “forced portion” of the estate, also called the legitime. Under La. C.C. art. 1495:
- If there is one forced heir: 1/4 of the estate
- If there are two or more forced heirs: 1/2 of the estate
The legitime is a minimum, not a maximum. A parent can leave more to a forced heir than the legitime — the rule only prevents leaving them less. The legitime is calculated based on the decedent’s total estate (both community and separate property, after debts) at the time of death.
Disinheriting a forced heir: the general rule
The general rule is that a forced heir cannot be disinherited by an ordinary provision in a will. Saying “I leave nothing to my son John” doesn’t work if John is a forced heir — John is still entitled to his legitime regardless.
To effectively disinherit a forced heir, Louisiana requires three elements (La. C.C. arts. 1617, 1621):
- A valid cause for disinheritance listed in La. C.C. art. 1621
- Express disinheritance in an authentic will identifying the cause
- Proof of the cause if the disinheritance is challenged
Each element must be present, and each is scrutinized by courts when disinheritance is at issue. Getting the formalities wrong means the disinheritance fails and the forced heir takes their legitime.
The specific grounds for disinheritance (La. C.C. art. 1621)
Louisiana law enumerates the causes for which a parent may disinherit a forced heir. These are exclusive — a cause not listed is not sufficient. As of current law, the listed causes include:
- The child has raised his or her hand to strike a parent, or has actually struck a parent (without regard to whether the parent pressed charges).
- The child has been guilty of cruel treatment, crime, or grievous injury toward a parent. This is the most commonly litigated ground — because “grievous injury” is interpreted by courts.
- The child has attempted to take the parent’s life.
- The child, without any reasonable basis, has accused the parent of committing a crime for which the punishment could be life imprisonment or death.
- The child has used violence or coercion to hinder the parent from making a testament.
- The child, being a minor, has married without the consent of the parent.
- The child has been convicted of a crime for which the law provides that the punishment could be life imprisonment or death.
- The child, after attaining majority and knowing how to contact the parent, has failed to communicate with the parent without just cause for a period of two years. (This is the “two-year estrangement” ground — narrower than it sounds, because “without just cause” is meaningful.)
The list is technical and the courts interpret each ground strictly. “My child has been disrespectful” or “we had a falling out” does not meet any of these grounds unless it rises to the level of one of the enumerated behaviors.
Procedural requirements — how disinheritance must be done
The cause must be expressly stated in the will
The will must identify the forced heir being disinherited and expressly state the cause (matching one of the grounds in La. C.C. art. 1621). Generic language like “I disinherit my daughter Sarah” is insufficient — the will must say “I disinherit my daughter Sarah on the ground that she raised her hand to strike me on [date]” or similar.
The will itself must be valid
Disinheritance of a forced heir requires an authentic will executed with Louisiana’s formal requirements (typically a notarial testament under La. C.C. art. 1577). An olographic testament can technically disinherit a forced heir if it meets the requirements, but olographic wills face more challenges at probate.
Proof of the cause
If the disinheritance is challenged after the parent’s death, the burden typically shifts to those claiming the disinheritance to prove the cause existed at the time of the will. This means contemporary evidence — police reports, medical records, contemporaneous witnesses, photographs, or whatever documents the underlying behavior.
A will that says “my son attacked me” but provides no supporting evidence is vulnerable to challenge. A will accompanied by a police report from the incident, or affidavits from witnesses, is much stronger.
Reconciliation reverses disinheritance
Under La. C.C. art. 1623, a disinheritance is revoked if the parent and child reconcile before the parent’s death. Reconciliation doesn’t need to be formal — resumed communication, visits, or expressions of forgiveness by the parent can constitute reconciliation. This is another reason to be cautious: a will drafted 10 years ago to disinherit a child based on a fight may no longer be effective if the parent and child reconciled in the interim.
Common scenarios
The “I’ll just leave nothing to them” scenario
Many parents mistakenly believe they can simply leave nothing to a child they’ve become estranged from. If the child is a forced heir (under 24 or incapacitated), the child gets the legitime regardless of the will’s silence. The only way to prevent this is to meet the formal disinheritance requirements.
The “my child got arrested once” scenario
A minor infraction doesn’t meet the disinheritance grounds. Unless the child was convicted of a crime carrying life imprisonment or death, this ground doesn’t apply. “I disinherited my son because he was arrested for shoplifting” would fail.
The “we haven’t spoken in years” scenario
The two-year estrangement ground (La. C.C. art. 1621(8)) applies only when the child, after majority (reaching adulthood), fails to contact the parent for two years without just cause. If the parent was abusive, alcoholic, absent during the child’s upbringing, or otherwise contributed to the estrangement, the child likely has “just cause” for the silence, defeating this ground.
The “my child threatened me but I never called the police” scenario
Threats can meet the disinheritance ground if they constitute “cruel treatment” or “grievous injury.” But absence of contemporaneous evidence (police reports, medical records, witness statements) makes the disinheritance hard to defend. Document incidents when they occur, not years later.
The “my child has mental illness and I want to disinherit them” scenario
Mental illness alone isn’t a disinheritance ground. In fact, if the mental illness rises to the level of “permanent incapacity,” the child is a forced heir regardless of age — and still entitled to the legitime.
Challenging a disinheritance
When a forced heir is disinherited in a will, they can challenge the disinheritance after the parent’s death. Common challenge grounds include:
- The will’s stated cause isn’t one of the enumerated La. C.C. art. 1621 causes
- The will’s cause is insufficiently described or not “expressly” stated
- The underlying cause didn’t actually happen (insufficient evidence)
- The parent and child reconciled before death
- The parent lacked testamentary capacity when the will was made
- The will itself fails formal requirements
If a challenge succeeds, the forced heir takes their legitime. Successful challenges are common when the disinheritance wasn’t carefully drafted and supported.
What happens to the legitime if disinheritance fails?
When disinheritance of a forced heir is unsuccessful, the heir takes their legitime. But this doesn’t necessarily mean they take a specific piece of property — courts typically reduce other beneficiaries’ shares proportionally to satisfy the legitime.
Example: Parent leaves 100% of a $1 million estate to Child A. Child B is a forced heir entitled to 1/4 ($250,000). The court reduces Child A’s share to $750,000 and awards $250,000 to Child B.
If assets are specific (real estate, for example), the legitime may be satisfied by ordering the specific beneficiary to pay the forced heir their share in cash, or by ordering sale of the property.
Alternatives to disinheritance
When a parent wants to minimize what a forced heir receives, alternatives to disinheritance include:
- Leave only the legitime, not more. If the child is a forced heir, you must leave them 1/4 (or more). Nothing in the law requires leaving more than the legitime.
- Use a testamentary trust for the legitime. The legitime can be placed in a trust for the forced heir’s benefit, with restrictions on access (for example, if the forced heir has spending problems). Trust structures must still comply with Louisiana’s specific rules.
- Lifetime gifts to other heirs. A parent can give property during their lifetime to other heirs, reducing the estate at death. There are limits (under La. C.C. art. 1505, donations that are “in derogation” of the forced portion can be “reduced” to satisfy the legitime), but meaningful planning opportunities exist.
- Use a matrimonial agreement or trust to remove property from the succession. Property held in a valid trust isn’t generally subject to forced heirship claims against the settlor’s estate.
Each of these requires careful planning with a Louisiana estate attorney.
When forced heirship applies versus when it doesn’t
Forced heirship applies to:
- Louisiana residents’ estates (domicile at death in Louisiana)
- Real estate located in Louisiana, regardless of the decedent’s residence
Forced heirship does not apply to:
- Non-Louisiana residents with no Louisiana real estate
- Property held in a valid trust (subject to specific Louisiana rules)
- Property passing by beneficiary designation (life insurance, retirement accounts) unless payable to the estate
- Children who are 24 or older and not permanently incapacitated at the time of death
For detailed discussion of forced heirship classification, see our article on rights of children in a Louisiana intestate succession.
Frequently asked questions
Can I disinherit an adult child who’s healthy?
If the child is 24 or older at your death and not permanently incapacitated, yes — freely. The forced heirship rules don’t apply, and your will can leave them nothing without any formalities.
What’s the age 24 cutoff based on?
Louisiana’s current forced heirship rules were modified from a broader scheme in the 1990s. The under-24 age cutoff reflects the legislature’s judgment that children older than 24 don’t need the same legal protection as younger children. Before this amendment, all biological children qualified as forced heirs regardless of age.
What if my child is 25 but still a student living at home?
Age 24 is a hard cutoff. Being a student, living at home, or being financially dependent doesn’t extend forced heir status. Parents who want to provide for adult dependent children do so by will or trust — but it’s discretionary, not required.
What counts as “permanent incapacity”?
The standard is strict: incapacity must be permanent and severe enough that the person cannot care for themselves or administer their own affairs. Conditions like severe autism, significant mental disability, certain neurological conditions, and major mental illnesses may qualify. Moderate conditions, managed depression, or temporary impairments do not.
Can a stepparent disinherit a stepchild?
Only if the stepchild was legally adopted, making them a child of the stepparent for inheritance purposes. Stepchildren who were never adopted don’t inherit from stepparents and cannot be “disinherited” in the formal sense — they have no inheritance right to disinherit.
Does a prenuptial or postnuptial agreement affect forced heirship?
Matrimonial agreements affect community property classification but generally don’t override forced heirship rules for children. Children’s rights are independent of what the spouses agreed between themselves.
What if I die before changing my will after my child turns 24?
The child was under 24 at the time of the will but is over 24 at your death — what matters is age at death. A child who is 26 when the parent dies is not a forced heir even if they were 22 when the will was written. Forced heir status is determined at the moment of the decedent’s death.
How often do forced heirship disputes actually arise?
More often than you might expect — forced heirship is one of the most commonly litigated Louisiana succession issues. Every Louisiana estate involving a child under 24 or a permanently incapacitated child needs to address the legitime, and every will attempting to disinherit a forced heir faces potential challenge.
Forced heirship is one of Louisiana’s most distinctive and complicated legal doctrines. If you’re a parent considering disinheritance, or an heir who’s been disinherited, the stakes are significant and the rules are specific. Contact Scott Law Group – Estate Counsel or call us at (504) 264-1057 to review your situation with a Louisiana estate attorney who handles forced heirship matters regularly.
This article provides general information about Louisiana forced heirship and disinheritance law and is not legal advice. Specific situations should be reviewed with a qualified Louisiana attorney.