2.
In Louisiana, forced heirs may be deprived of their legitime, or legal
portion, and of the seisin granted them by law, for just cause. The
disinherison must be made in proper form, by name and expressly, and for
a just cause, otherwise it is null.
3.
The just causes for which parents may disinherit their children, are
ten in number. 1. If the child has raised his or her hand to strike the
parent, or if he or she has actually struck the
parent; but a mere threat is not sufficient. 2. If the child has been guilty, towards a parent, of cruelty, of a crime, or grievous injury. 3. If the child has attempted to take away the life of either parent. 4. If the child has accused either parent of any capital crime, except, however, that of high treason. 5. If the child has refused sustenance to a parent, having the means to afford it. 6. If the child has neglected to take care of a parent, become insane. 7. If a child has refused to ransom them when detained in captivity. 8. If the child used any act of violence or coercion to hinder a parent from making a will. 9. If the child has refused to become security for a parent, having the means, in order to take him out of prison. 10. If the son. or daughter, being a minor, marries without the consent of his or her parents. Civil Code, art. 1609-1613.
parent; but a mere threat is not sufficient. 2. If the child has been guilty, towards a parent, of cruelty, of a crime, or grievous injury. 3. If the child has attempted to take away the life of either parent. 4. If the child has accused either parent of any capital crime, except, however, that of high treason. 5. If the child has refused sustenance to a parent, having the means to afford it. 6. If the child has neglected to take care of a parent, become insane. 7. If a child has refused to ransom them when detained in captivity. 8. If the child used any act of violence or coercion to hinder a parent from making a will. 9. If the child has refused to become security for a parent, having the means, in order to take him out of prison. 10. If the son. or daughter, being a minor, marries without the consent of his or her parents. Civil Code, art. 1609-1613.
4.
The ascendants may disinherit their Iegitimate decendants, coming to
their succession for the first nine causes above expressed, when the,
acts of ingratitude, there mentioned, have been committed towards them,
instead of towards their parents; but they cannot disinherit their
descendants for the last cause. Art. 1614.
5.
Legitimate children, dying without issue, and leaving a parent,. cannot
disinherit him or her, unless for the seven following causes, to wit:
1. If the parent has accused the child of a capital crime, except,
however, the crime of high treason. 2. If the parent has attempted to
take the child's life. 3. If the parent has, by any violence or force,
hindered the child from making a will. 4. If the parent has refused
sustenance to the child in necessity, having the means of affording it.
5. If the parent has neglected to take care of the child when in a state
of insanity. 6. If the parent has neglected to ransom the child when in
captivity. 7. If the father or mother have attempted the life the one
of the other, in which case the child or descendant, making a will, may
disinherit the one who has attempted the life of the other. Art. 1615.
6.
The testator must express in the will for what reason he disinherited
his forced heirs, or any of them, and the other heirs of the testator
are moreover obliged to prove the facts on which the disinherison is
founded, otherwise it is null. Art. 1616. Vide Nov 115 Ayl. Pand. B. 2,
t. 29; Swinb. art 7, 22.
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