Succession and Testament – Disinherit a forced heir

Succession and Testament – Disinherit a forced heir

Art. 1618. Formalities for disinherison. A disinherison must be made in one of the forms prescribed for testaments.

Art. 1619. Disinherison, express and for just cause. The disinherison must be made expressly and for a just cause; otherwise, it is null. The person who is disinherited must be either identified by name or otherwise identifiable from the instrument that disinherits him.

Art. 1624. Mention of cause for disinherison; burden of proof, reconciliation The testator shall express in the instrument the reason, facts, or circumstances that constitute the cause for the disinherison; otherwise, the disinherison is null. The reason, facts, or circumstances expressed in the instrument shall be presumed to be true. The presumption may be rebutted by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to overcome the presumption.