Contest of a Will on behalf on an Interdict
In Louisiana, can the validity of a will be challenged by a curator on behalf of someone who has been interdicted by the court(while the interdict is still alive)?
In other words, can the will be overturned (before the death of the interdict) based on evidence of lack of testimentary capacity?
Asked on 2/04/04, 10:22 am
1 Answer from Attorneys
James Maguire
James G. Maguire, Attorney At Law
Re: Contest of a Will on behalf on an Interdict
Assuming that the will was executed before the judgment of interdiction was rendered, then the will could not be challenged while the interdict is still living, and is presumed to be valid. After the interdict's death, the will could be challenged on the basis of mental incompetency (or other grounds).
Answered on 2/04/04, 10:49 am
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