Louisiana Civil Code

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SECTION 8 - DISINHERISON

Art. 1617. A forced heir shall be deprived of his legitime if he is disinherited by the testator, for just cause, in the manner prescribed in the following Articles. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1618. A disinherison must be made in one of the forms prescribed for testaments. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1619. The disinherison must be made expressly and for a just cause; otherwise, it is null. The person who is disinherited must be either identified by name or otherwise identifiable from the instrument that disinherits him. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1620. There are no just causes for disinherison except those expressly recognized in the following Articles. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1621. A. A parent has just cause to disinherit a child if:

(1) The child has raised his hand to strike a parent, or has actually struck a parent; but a mere threat is not sufficient.

(2) The child has been guilty, towards a parent, of cruel treatment, crime, or grievous injury.

(3) The child has attempted to take the life of a parent.

(4) The child, without any reasonable basis, has accused a parent of committing a crime for which the law provides that the punishment could be life imprisonment or death.

(5) The child has used any act of violence or coercion to hinder a parent from making a testament.

(6) The child, being a minor, has married without the consent of the parent.

(7) The child has been convicted of a crime for which the law provides that the punishment could be life imprisonment or death.

(8) The child, after attaining the age of majority and knowing how to contact the parent, has failed to communicate with the parent without just cause for a period of two years, unless the child was on active duty in any of the military forces of the United States at the time.

B. For a disinherison to be valid, the cause must have occurred prior to the execution of the instrument that disinherits the heir. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1622. A grandparent may disinherit his grandchild for any of the causes, other than the sixth, expressed in the preceding Article, whenever the offending act has been committed against a parent or a grandparent. He may also disinherit the grandchild for the seventh cause expressed in the preceding Article. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1623. A person may be disinherited even though he was not a presumptive forced heir at the time of the occurrence of the act or the facts or circumstances alleged to constitute just cause for his disinherison. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1624. The testator shall express in the instrument the reason, facts, or circumstances that constitute the cause for the disinherison; otherwise, the disinherison is null. The reason, facts, or circumstances expressed in the instrument shall be presumed to be true. The presumption may be rebutted by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to overcome the presumption. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1625. A. A person who is disinherited may overcome the disinherison by proving reconciliation with the testator after the occurrence of the reason, facts, or circumstances expressed in the instrument, provided he does so by clear and convincing evidence.

B. A writing signed by the testator that clearly and unequivocally demonstrates reconciliation shall constitute clear and convincing evidence. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Art. 1626. A disinherison shall not be effective if the person who is disinherited shows that because of his age or mental capacity he was not capable of understanding the impropriety of his behavior or if he shows that the behavior was unintentional or justified under the circumstances. Proof of this defense must be by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to establish this defense. [Acts 2001, No. 573, §1, eff. June 22, 2001]

Arts. 1627-1723. [Blank]