It can be unsettling to discover that a loved one’s Last Will and Testament is not what you expected. Often, family members do not notice potential issues until after the succession process has already begun. By that point, many believe it is too late to take action once the court is involved. In Louisiana, that is not necessarily true. Under certain circumstances, a will can still be challenged even after succession is opened.
What Does It Mean to “Open” a Succession?
Opening a succession means filing the necessary paperwork with the district court in the parish where the deceased person lived. If there is a will, it is submitted to the court for probate. The court reviews the will to make sure it meets Louisiana’s legal requirements and may appoint an executor to handle the estate.
However, the court’s initial acceptance of the will does not prevent interested parties from raising objections.
Who Can Challenge a Will?
Challenging a will is not open to everyone. Louisiana law requires that a person have a legal interest in the estate, such as heirs, named legatees, or creditors. For instance, a child who believes they were unfairly excluded from the will may have the right to contest it.
Common Reasons a Will Is Challenged
In Louisiana, you can contest a will based on multiple legal reasons.
Lack of proper form
Louisiana has strict rules about how wills must be written and executed. Most wills are either olographic, meaning handwritten and signed by the testator, or notarial, meaning signed in front of a notary and two witnesses. If the will does not meet these formal requirements, it may be declared invalid.
Lack of capacity
The testator, or the person creating the will, must have had the mental capacity to understand their actions when signing it. If it can be demonstrated that they did not comprehend the nature of their property or the identity of their heirs, the validity of the will could be contested.
Undue influence
A will may also be challenged if evidence shows that the testator was pressured or manipulated into making specific decisions. This situation frequently occurs when a vulnerable individual makes major changes to their will shortly before passing away.
Fraud
If evidence shows the will was forged or the testator was deceived into signing it, the court can invalidate the document.
Is There a Time Limit?
Louisiana law places time limits on actions to annul a probated will. In many cases, an action to challenge a will must be brought within five years of the will’s probate. However, specific circumstances can affect deadlines. Acting quickly is important because once the estate is fully administered and assets are distributed, resolving disputes becomes more complicated.
What Happens If a Will Is Invalidated?
If the court finds the will invalid, the estate may be distributed under a prior valid will. If no valid will exists, the estate will pass according to Louisiana’s intestacy laws. These laws set out a specific order of inheritance, typically prioritizing spouses and children.
Why Legal Guidance Matters
Challenging a will is not simply about disagreeing with its terms. It requires evidence and a clear legal basis. Likewise, defending a will requires careful preparation and knowledge of Louisiana succession law.
At Losavio & DeJean, LLC, we understand how emotional and complex succession disputes can be. Whether you are concerned about the validity of a will or need to defend one, experienced legal guidance can help protect your rights and your family’s interests. If you have questions about challenging a Louisiana will after succession is opened, speaking with a knowledgeable attorney is an important first step. To learn more, contact us today.