Forced Heirship
La. C.C. art. 1493 — a child 23 or younger, or one permanently incapable, cannot be left out of a will without just cause
Some children cannot be cut out. Forced heirs are children who, at the parent's death, are 23 years of age or younger, or of any age if mental incapacity or physical infirmity makes them permanently unable to care for themselves or manage their estates. A person is 23 or younger until the 24th birthday.
A forced heir may not be deprived of the share the law reserves, called the legitime, unless there is just cause to disinherit. Gifts during life and by will may not exceed three fourths of the estate with one forced heir, or one half with two or more.
A grandchild takes a predeceased parent's place as a forced heir only if that parent would have been 23 or younger, unless the grandchild is permanently incapable. An inherited, incurable condition that may later make a child incapable counts.
Sources for this section (3)
- La. C.C. art. 1493 — Forced heirs; representation of forced heirs
- La. C.C. art. 1494 — Forced heir entitled to legitime; exception
- La. C.C. art. 1495 — Amount of forced portion and disposable portion
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.