Can You Disinherit Someone in Louisiana?
One of the most common estate planning questions people ask is: "Can I leave someone out of my will?" Maybe you've become estranged from a family member. Maybe you have concerns about how someone manages money. Or perhaps you simply want your assets to go to other loved ones or charitable causes. The short answer is: Yes, in many cases, you can disinherit someone in Louisiana—but there are some important exceptions.
What Does "Disinherit" Mean?
To disinherit someone means to intentionally leave them out of your estate plan so they do not receive an inheritance from your succession. Many people assume that family members automatically inherit their property. In reality, a properly drafted estate plan can often give you significant control over who receives your assets after your death. However, Louisiana law has a few unique rules that everyone should understand.
Can You Disinherit an Adult Child?
In many cases, yes.
Louisiana generally allows parents to leave their property to whomever they choose, including:
Other children
A spouse
A friend
A charity
Other relatives
However, there is an important exception involving what Louisiana calls forced heirs.
What Is a Forced Heir?
Louisiana is the only that still recognizes a concept called forced heirship.
A forced heir is generally:
A child who is under the age of 24 at the time of the parent's death, or
A child of any age who is permanently incapable of caring for themselves because of a mental incapacity or physical infirmity.
Forced heirs have certain inheritance rights that cannot simply be ignored. If you have a child who may qualify as a forced heir, it is important to work with an estate planning attorney to ensure your plan complies with Louisiana law. Particularly regarding the second provision — should you write your will at a time where your children are not forced heirs, that could change in the future, should a accident occur, which results in a physical or mental infirmity, changing your adult child into a forced heir. So it is very important to review your estate plan every year in the event of a significant change.
Can You Disinherit a Forced Heir?
In limited circumstances, yes. There are some caveats though — the disinherison must be:
Express as to who is being disinherited
Express as to why the disinherison is for just cause — Louisiana law lists out the 8 causes for disinherison
Express as to the reason, facts, or circumstances that constitute the cause for the disinherison
Made in valid form
Can You Disinherit a Spouse?
The answer is: it depends. Louisiana has community property laws that may affect what happens to property acquired during a marriage. While you may have flexibility regarding certain assets, you generally cannot simply erase your spouse's legal rights with a will.
The extent of those rights depends on:
The type of property involved — separate or community property
Whether you and your spouse have a prenuptial agreement in place
Your specific family circumstances — are you and your spouse going through a divorce?
This is one reason personalized legal advice is so important.
Should You Mention the Person in Your Will?
Many people wonder whether they should specifically name the person they're disinheriting. In some situations, clearly stating your intentions can help reduce confusion and potential disputes later. For example, instead of accidentally omitting someone, your will may expressly state that you intentionally choose not to leave assets to that individual. Every situation is different, so the best approach depends on your goals and family dynamics.
Can a Disinherited Family Member Contest a Will?
Anyone can challenge a will, but that does not mean they will be successful.
Common reasons a will might be challenged include allegations that:
The person lacked mental capacity
The will was not properly executed
Someone exerted undue influence
Fraud occurred
The disinherison was not properly executed
A carefully prepared estate plan can help minimize the risk of future disputes.
What If You Don't Have a Will?
This is where many people run into problems. If you die without a will, Louisiana's intestate succession laws determine who inherits your property. That means family members you intended to exclude may end up inheriting anyway. Without a valid estate plan, you lose the ability to decide who receives your assets.
Estate Planning Is About More Than Disinheritance
While people often focus on who they want to leave out, estate planning is really about making sure the people and causes you care about are protected.
A comprehensive estate plan can help you:
Decide who inherits your property
Protect loved ones
Reduce family conflict
Name guardians for minor children
Create a smoother transition for your family
The goal isn't simply to exclude someone—it's to create a plan that reflects your wishes and protects your legacy.
The Bottom Line
In many situations, Louisiana law allows you to disinherit certain family members. However, special rules—particularly those involving forced heirship and community property —can affect what is possible. Because every family situation is unique, it's important to have a plan that is tailored to your specific goals and complies with Louisiana law. A properly drafted estate plan can help ensure your wishes are honored while reducing the likelihood of confusion or conflict after you're gone.
Ready to Create an Estate Plan That Reflects Your Wishes?
If you live in Metairie, New Orleans or anywhere in Louisiana, our firm can help you understand your options and create a plan that protects your family and your legacy.
Schedule a consultation today to discuss your goals and build an estate plan that's right for you.
Legal Disclaimer: The information provided in this blog is for general informational purposes only and is not intended as legal advice. Reading this content does not create an attorney-client relationship between you and Samantha Weidner Attorney and Counselor at Law, LLC. Laws change frequently and vary by jurisdiction, so you should not rely on this information as a substitute for legal advice from a qualified attorney licensed in your state. For advice regarding your specific situation, please contact our office directly.