Challenging a Will in Louisiana: Grounds and Time Limits

Losing a loved one is never easy, and when questions arise about the validity of their will, it can add emotional strain to an already difficult time. At Oriol Law Firm, we understand how delicate these matters are. If you’re considering challenging a will in Louisiana, it’s important to know your rights, the legal grounds for contesting, and the time limits involved. 

Can a Will be Contested in Louisiana? 

Yes, a will can be challenged in Louisiana, but only under special circumstances. The courts presume a will is valid unless there’s clear evidence to the contrary. That means you’ll need a solid legal reason and proof to move forward with a challenge. 

When Can a Will be Challenged in Louisiana? 

Not just anyone can dispute a will, and not every concern will hold up in court. That said, Louisiana law does recognize a few key situations where a will can be legally contested. Here are the most common: 

1. The Person Wasn’t of Sound Mind When They Signed It 

For a will to be valid, the person creating it (known as the testator) must understand what they’re doing. That means knowing they’re making a will, understanding who their heirs are, and having a general idea of what property they own. If someone was suffering from Alzheimer’s, dementia, or another condition that affected their mental clarity at the time, the will may not hold up. 

2. They Were Pressured or Manipulated

If someone in a position of influence, like a caregiver, close family member, or friend, pushed or persuaded the testator to change their will in a way that benefited them, that’s called undue influence. It doesn't always look like obvious manipulation. Even subtle pressure can cross the line if it causes the testator to go against their true wishes. 

3. The Will Was Forged or Based on Lies

Wills must reflect the true and voluntary intentions of the person who signed them. If someone faked a signature, misrepresented facts, or coerced the testator, the will may be invalid. In Louisiana, any attempt to manipulate a will—whether through forgery, undue influence, or fraud—can be challenged in court. Protecting the integrity of a loved one’s final wishes ensures that their estate is distributed fairly and lawfully.

Time Limits on Contesting a Will

There are strict time limits for contesting a will, and in some cases, exceptions to those deadlines. Each state sets its own statute of limitations for filing a will contest. Working with our experienced legal team ensures you stay on track and meet all deadlines while protecting your rights.

Depending on the jurisdiction, the timeframe to contest a will may begin:

• On the date of the person’s death
• When the will is admitted to probate
• Upon receipt of a Notice of Administration, which notifies interested parties that the estate process has begun

In Louisiana, you generally have five years from the date the succession is opened (when the will is filed with the court) to contest it. However, there may be shorter time periods depending on the circumstances under which you intend to contest the will.  Waiting too long can prevent you from pursuing your claim. The sooner you speak with our team, the better your chances of successfully protecting your interests.

Challenging a will can be complex and emotionally draining. At Oriol Law Firm, we provide experienced guidance to help families navigate these disputes with care and clarity. If you believe a will may be invalid, don’t wait. Contact our team to discuss your options and protect your loved one’s legacy.