Yes, Louisiana law permits disinheriting a child, but strict forced heirship rules limit this right. Parents may disinherit non-forced heirs, yet forced heirs—typically children under 24 or permanently disabled—cannot be fully disinherited without valid cause under La. Civ. Code art. 1493–1494. Courts scrutinize disinheritance motives, requiring written justification in the will or codicil. Recent 2026 amendments to the Louisiana Succession Code (Act 423) tighten evidentiary standards for such claims, mandating notarized documentation of “just cause” (e.g., parental abandonment, abuse, or felony convictions).
Key Regulations for Disinheriting a Child in Louisiana
- Forced Heir Protections: Children under 24 or permanently disabled are forced heirs (La. Civ. Code art. 1493). Disinheriting them requires proof of “just cause” in the will, such as documented parental estrangement or criminal conduct.
- Documentation Mandates: Since 2026, disinheritance clauses must include notarized evidence of just cause (La. Rev. Stat. § 9:2445). Generic disinheritance language is insufficient; courts may invalidate vague or unsupported claims.
- Judicial Review: Disinherited forced heirs may challenge the will in the 19th Judicial District Court (Baton Rouge) or local parish courts. Success hinges on demonstrating the parent’s motive was not arbitrary or retaliatory.