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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
