Essay by Max Nathan, Jr.
The revolutionary changes that took place in the law of forced heirship between 1989 and 1996 have substantially altered the way we think and act with regard to this quaint and curious institution. Although the citadel is still standing, it is no longer sacrosanct. Forced heirship has been irrevocably altered in many ways. The very extent of its application and the nature of its enforcement have changed. Many of the alterations have been the result of strong advocacy and public debate, but now, unexpectedly, in the wake of those changes, a new forced heirship issue—how to disinherit a forced heir—has arisen. This new issue was not announced in advance through the front door of forced heirship legislation. Instead, it entered stealthily through the back door of a general revision of the Louisiana law of successions. How that happened, and what it may mean for Louisiana, is the subject of this Essay.
About the Author
Max Nathan, Jr. Senior Partner, Sessions & Fishman, New Orleans, Louisiana; Adjunct Professor, Tulane University School of Law. President, Louisiana State Law Institute; Chairman and Reporter, Successions and Donations Committee, Louisiana State Law Institute.
Citation
74 Tul. L. Rev. 1027 (2000)