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LA SB93
Bill
AI Summary
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Enacts Civil Code Article 1519.1 establishing when no-contest (in terrorem) clauses in wills, trusts, and donations are unenforceable in Louisiana
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Penalty clauses cannot be enforced against a person challenging a donation, succession, or trust administration if a reasonable person would conclude there was a substantial likelihood the challenge would succeed at the time the action was filed
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Responds to Louisiana Supreme Court's invitation in Succession of Maloney (2024) for legislative clarity on no-contest clause enforceability, as courts had not developed a consistent approach
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Aligns Louisiana law with the modern majority approach used in most U.S. states, following the Uniform Probate Code and Restatement (Third) of Property standards
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Effective August 1, 2025
Legislative Description
Provides for enforceability of penalty clauses in wills. (8/1/25)
SUCCESSIONS
Last Action
Effective date 8/1/2025.
6/4/2025