Disputes over a loved one’s will can be emotionally difficult and legally complex. In Louisiana, contesting a will is a serious legal matter, but the law does allow for it under specific circumstances. If you believe a will does not reflect the true intentions of the deceased, you may have legal grounds to challenge it. At Hester Law Firm, we help families in Baton Rouge understand and pursue their rights in these situations.

Who Can Contest a Will in Louisiana?

Not just anyone can challenge a will. Under Louisiana law, only interested parties—those who would benefit financially if the will is overturned—have legal standing. This typically includes heirs, legatees, and sometimes creditors.

Legal Grounds for Contesting a Will

There are limited and specific reasons a court will accept to invalidate a will:

1. Lack of Testamentary Capacity

The person making the will (the testator) must have had the mental ability to understand what they were doing. If the testator was suffering from dementia, a serious mental illness, or cognitive decline at the time the will was signed, the will may be challenged.

2. Undue Influence

A will may be contested if someone pressured or manipulated the testator into leaving property in a way they wouldn’t have done freely. This often occurs in cases involving caregivers or family members with significant control over the testator.

3. Fraud or Forgery

If the will was forged or the testator was tricked into signing a document they didn’t know was a will, the entire document could be invalidated.

4. Improper Execution

Louisiana law has strict requirements for how a will must be signed and witnessed. For example, a notarial will must be signed in the presence of a notary and two witnesses. If these formalities weren’t followed, the will could be declared invalid.

5. Revocation

If a newer will was created and properly executed, the older one is revoked. If someone is trying to enforce an outdated will, interested parties may contest it based on the existence of a later valid version.

Time Limits Matter

In Louisiana, there are strict deadlines for contesting a will. Missing these deadlines may result in losing your right to challenge the will entirely. Consulting a probate attorney quickly is essential.

How Hester Law Firm Can Help

At Hester Law Firm, we guide Baton Rouge clients through the process of contesting a will, from evaluating legal grounds to representing your interests in court. Whether you believe a loved one’s will was tampered with or created under unfair circumstances, we can help protect your rights and seek a fair outcome.