Legal Question in Wills and Trusts in Louisiana

Intent of Testator

This question is in reference to a earlier question I posted here 08/11/03 regarding ''Annuities in a will''. I contacted the attorney responsible but since he is a good friend of one of the sisters involved in this, he does not want to talk about it. I will contact another attorney if this grossly unfair mistake can be corrected. My question is, ''Does not the intent of the testator control the interpretation of his testament?''. The testament states that our fathers intention was that nonprobate assets were to be included as a ''portion'' of each childs ''share'' and then the remainder of the estate was to be equally divided. What can my brother & I do?


Asked on 10/14/03, 10:47 am

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Intent of Testator

The will is a distinct and personal document which reflects the will of the testator, and no one else.

I strongly suggest that you and your brother have your own attorney review the whole document.

If the Louisiana rules of forced heirship apply and the will contradicts those rules, then it can be overturned to the extent that it is illegal.

If forced heirship does not apply, then your father had the absolute right to leave his property in any manner that he chose.

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Answered on 10/14/03, 7:20 pm


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