Can I disinherit my spouse or child in Louisiana?

1. Spousal Disinheritance. Louisiana is a community-property state. Under La. Civ. Code art. 2336, each spouse owns an undivided one-half of community property; a decedent may dispose by will only of their half of community property and their separate property. There is no traditional elective share, but the surviving spouse is entitled to a marital portion under La. Civ. Code art. 2432 if left in necessitous circumstances relative to the decedent's wealth (one-quarter, one-half, or three-quarters depending on whether children survive).

2. Augmented Estate. Louisiana does not use UPC concepts; community-property rules apply.

3. Election Procedure. No formal election against the will; community-property and marital-portion rights are asserted in succession proceedings.

4. Pretermitted Child. Louisiana does not have a UPC-style pretermitted-child rule because it has forced heirship, which more strongly protects qualifying children.

5. Intentional Disinheritance of Child. Children who are NOT forced heirs (i.e., 24 or older and not permanently disabled) may be entirely disinherited.

6. Louisiana Forced Heirship. Under La. Civ. Code arts. 1493-1495, forced heirs are descendants of the first degree who, at the time of the decedent's death, (a) are 23 years of age or younger, or (b) because of mental incapacity or physical infirmity are permanently incapable of taking care of their persons or administering their estates. Forced heirs are entitled to a legitime: one-fourth of the estate if there is one forced heir, or one-half if two or more. A forced heir may be disinherited only for "just cause" enumerated in La. Civ. Code art. 1621 (e.g., attempted murder of testator, marrying without consent if under 18, etc.).

7. Prenuptial / Postnuptial Waiver. Spouses may opt out of the community property regime by matrimonial agreement under La. Civ. Code art. 2329, requiring authentic act before marriage or court approval after.

8. Homestead, Family Allowance, Exempt Property. Marital portion under La. Civ. Code art. 2432; usufruct over community property to surviving spouse under La. Civ. Code art. 890; survival action and wrongful death rights.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, vices of consent, or improper form under La. Civ. Code arts. 1477-1483; actions filed in district court.

This is legal information, not legal advice.