Denham Springs, LA asked in Estate Planning, Family Law, Constitutional Law and Probate for Louisiana

Q: if a last will and testament was written in 1991 and the laws have since changed, do we go by the old law or new law?

In Louisiana law what age limit was a forced heir in April 1991?

Old law in 1991- Thus, after the Lauga decision, all children remained forced heirs, regardless of age or disability.

Does this law apply to a last will and testament that was written in 1991?

Or does the court have to go by the new law where the forced heir only goes to age 23? Which was changed Jan 1st 1996?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When dealing with a last will and testament from 1991, it's important to consider when the deceased passed away. In Louisiana, the laws governing forced heirship are typically based on the statutes in effect at the time of death, not when the will was written.

Since the law changed on January 1, 1996, setting the age limit for forced heirs to 23, this new rule would apply if the person died after that date. The court looks at the current law to determine the rights of heirs, regardless of what the will stated in 1991. This means that any changes in legislation after the will was created can influence how the estate is distributed.

However, if the individual passed away before January 1, 1996, the 1991 laws would still govern the distribution of the estate. It's always a good idea to consult with a legal professional who can provide guidance based on the specific circumstances and ensure that the estate is handled according to the most current laws.

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