Under usual circumstances, a person’s last will and testament goes through the process of probate without a hitch. However, sometimes, issues arise that lead to concerns. These issues usually relate to whether the will truly represents the deceased person’s true wishes on how to dispose of their property and other assets. In such cases, whether you need to update your will, have a power of attorney contested, or resolve disputes among heirs, a contested probate attorney can be indispensable in helping you through the quirks of Louisiana’s probate law and the Metairie, LA court system.
What Are the Common Reasons for Contesting a Will?
Contesting a will is a legal process whereby an interested party challenges the validity or enforceability of a decedent’s last will and testament. In Louisiana, the state’s unique legal framework influences both the grounds upon which a will may be contested and the procedures for doing so.
You Suspect Lack of Testamentary Capacity
According to the Louisiana Civil Code, a person lacks capacity if, at the time of making the testament, they do not understand the nature and consequences of the disposition being made. Factors that can impair testamentary capacity include mental illness, senility, dementia, and certain effects of medication or substance abuse.
If an elderly testator suffering from Alzheimer’s disease were to sign a will that significantly benefits a new acquaintance to the detriment of family members, heirs may claim the testator lacked capacity. Louisiana courts take the potential manipulation of those who lack capacity very seriously; however, the burden of proof in that case would still lie with the person contesting the will.
You Think There Was Undue Influence
Undue influence occurs when the testator is coerced, manipulated, or pressured into making a will that does not reflect their true intentions. In Louisiana, a will is invalid if it is the product of undue influence. To prove undue influence, the contestant must show that the influencer had motive, opportunity, and actually exerted influence over the testator to such a degree that it subverted the testator’s free will.
There May Have Been Fraud or Forgery
Fraud involves deception intended to cause the testator to make a will or change it in a way they would not have otherwise done. Forgery is when a document is falsely made or altered, purporting to be the will of another. Louisiana law allows a will to be annulled if it was forged or procured by fraud.
For instance, if a relative substituted pages in a will or fabricated the signature of the testator, such actions would constitute grounds for annulment. Proving such a case might require expert testimony from a handwriting analyst or testimony from witnesses familiar with the testator’s usual signature and behavior.
The Will Was Improperly Executed
Louisiana has strict formal requirements for executing wills. The state recognizes two primary types of valid wills, also known as testaments, and one exceptionally rare third option that remains in the Louisiana Civil Code despite being essentially historical. The requirements for these testaments are different according to their types.
Notarial Testament
This is the most common will format. It can be typed or written, and must be executed before a notary and two competent witnesses who do not benefit from the will’s provisions.
Within the document, the testator must declare that this is their last will and testament. Under Louisiana law, the will must also follow a specific attestation clause declaring that all regulations relating to the document’s execution were followed properly.
Olographic Testament
This type of will must be entirely handwritten by the testator, dated somewhere within the document, and signed by the testator. It does not need to be witnessed.
Nuncupative Testament by Public Act
This type of will is now exceptionally rare, as its form is essentially covered by the notarial testament. It is an oral will dictated by the testator in front of a notary and at least three witnesses. It is then written down as an authentic act.
If a will fails to meet these procedural requirements, it is invalid. For example, if an olographic will is typed or not dated, or a notarial will lacks witness signatures, it can be contested for improper execution. In practice, formal defects are one of the most common and successful bases for challenging a will in Louisiana, particularly when the testator was unaware of the stringent statutory requirements.
The Will Violates Louisiana’s Heirship Rules
Perhaps the most distinctive feature of Louisiana succession law is its forced heirship doctrine. Unlike most other states, Louisiana mandates that certain heirs must receive a minimum portion of the estate. This portion is known as the “legitime.” Forced heirship applies to children under 24 and those of any age who are permanently disabled.
A testator cannot disinherit a forced heir except for a limited number of statutory reasons set out in law, such as violence, cruelty, or failure to communicate without just cause. If a will attempts to leave less than the required portion to a forced heir, the will may be partially nullified.
There Has Been a Revocation or a Subsequent Testament
Another reason a will may be contested is that it has been revoked, either expressly or by implication. For example, if a will has entered probate, it may be contested by someone who claims that there is a more recent document in existence. In such a case, or if multiple wills are discovered, courts must determine the validity and chronology of competing wills.
The Testator Lacked Knowledge of the Will’s Contents
A will may also be challenged if the testator did not know or approve of its contents, particularly if the document was prepared by someone else. While not separately enumerated in Louisiana statutes, this ground overlaps with fraud, undue influence, and lack of capacity.
For example, if a will is drafted and presented by someone with a vested interest, and the testator signs it without understanding its provisions, the courts may find it invalid, especially if the testator is isolated or in poor health.
Consult a Contested Probate Attorney in Metairie, LA
If you suspect you may need to contest a will, it is important to consult an attorney. An experienced lawyer will listen to you carefully, evaluate the issue against the framework of Louisiana law, help you gather necessary evidence, and represent your interests in court. Without legal guidance, you risk missing necessary steps or losing your right to challenge the will altogether.
A last will and testament is the final opportunity that a person has to take action on earth. If you have reason to suspect that a will of which you are a beneficiary does not truly reflect your family member or loved one’s wishes, get in touch with a probate attorney.
Contact Our Louisiana Estate Planning Law Firm For Help Today
If you are planning for the future or need guidance with wills, trusts, or probate in Metairie, Louisiana, contact the experienced estate planning attorneys at WJ Blanchard Law to schedule a consultation and protect your family’s legacy today.
We proudly serve New Orleans, Jefferson Parish, and the surrounding areas:
WJ Blanchard Law
2800 Veterans Blvd Suite 257
Metairie, LA 70002
Phone: (504) 313-7478
Hours: Mon-Fri 09:00-17:00
Our firm is located near you. We have an office in Metairie
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