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?

Question

For pre-January 1, 1996 deaths, there is a possibility that any child, regardless of age, will be a forced heir. There are complex rules for determining whether the new laws or prior laws govern. If the decedent died before January 1, 1996 or executed his last will before January 1, 1996 and had children over 23 years old, you should review the discussion in L. Carman, Louisiana Successions at §$ 2.49-50. For pre-January 1, 1996 wills where the decedent died in 1996 or later, it appears that the testator's intent as to a forced heir portion is determined on an ad hoc basis. These older children may qualify as forced heirs if the pre-January 1, 1996 law governs, or a pre-January 1, 1996 will is interpreted to give a forced portion. Which law stands? Old law or new law?

James L. Arrasmith · Answer

When dealing with a last will and testament from 1991, the key factor is the date of the decedent's passing. If the individual died before January 1, 1996, the laws in effect at that time will generally govern the distribution of the estate. This means that any provisions regarding forced heirs under the old law would still apply. 
 
However, if the person passed away on or after January 1, 1996, even if the will was written before that date, the new laws might influence how the will is interpreted. In such cases, the testator's intent becomes crucial, and the court may assess whether the old provisions for forced heirs should still be honored based on the specifics of the situation. 
 
Given the complexity of these rules, especially when children over 23 are involved, it's important to review detailed legal discussions, such as those found in L. Carman’s Louisiana Successions. Consulting with a legal professional can provide clarity tailored to your specific circumstances, ensuring that the will is interpreted correctly under the applicable laws.

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?