Will Contest Over Share
Marie left her entire estate to charity in her will. Her son Paul sued under Louisiana law. The court awarded Paul his légitime despite the will's terms.
Also known as: légitimes · legitimate
Written by attorneys · grounded in primary & secondary sources — see below
A portion of a parent's estate reserved by law for children that cannot be defeated by will or other disposition.
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Marie left her entire estate to charity in her will. Her son Paul sued under Louisiana law. The court awarded Paul his légitime despite the will's terms.
Robert's will omitted his daughter Lisa entirely. Lisa petitioned the probate court. The judge enforced her légitime from the estate assets.
Elena bequeathed only half her property to her two children. The remainder went to a friend. The children received their full légitime by court order.
Henry transferred his home to his nephew before death. His daughter Claire objected. The transfer was set aside to protect Claire's légitime.
Two sons claimed shares after their mother's death. One son received nothing under the will. Both obtained their légitime from the succession.
A Texas resident died owning Louisiana land. His children invoked local rules. The court recognized their légitime rights in the immovable property.
Yes. The légitime reserves a fixed portion of the estate for children that the parent cannot defeat by will.
Louisiana retains a limited form of the continental légitime drawn from its civil-law tradition.
Common-law states permit complete disinheritance of children. The légitime forbids it as to the reserved share.
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