Louisiana Succession Practice

Catalog description

This course offers an in-depth exploration of Louisiana's civil law system governing successions, interdictions, and trusts, with a particular focus on recent developments, legislative trends, and high-profile cases that have shaped the legal landscape. Students will examine the unique procedural and substantive aspects of Louisiana law, including forced heirship, usufruct rights, the role of notarial testaments, and judicial recognition of heirs. A core component of the course will analyze recent headline-grabbing Louisiana succession disputes and interdiction proceedings, such as: • The interdiction battle involving Britney Spears' Louisiana-based family, raising ethical and procedural questions about personal liberty and the role of court-appointed curators. • The succession litigation of New Orleans Saints owner Tom Benson, examining testamentary capacity, undue influence, and multi-generational wealth planning. • The contested estate of musician and New Orleans cultural icon Dr. John (Mac Rebennack), highlighting the tension between forced heirship and testamentary freedom • Ongoing trust litigation involving complex oil-and-gas estate planning across Louisiana parishes, highlighting conflicts between fiduciary duty and beneficiary rights. • Recent litigation over irrevocable trusts established to protect family-owned land from developers, implicating public policy and environmental considerations. The course will also examine practical issues in trust formation, administration, and breach, with an emphasis on trustee litigation and enforcement mechanisms under the Louisiana Trust Code. Topics will include revocable vs. irrevocable trusts, special needs trusts, and the strategic use of inter vivos vs. mortis causa trusts in estate planning. This course is ideal for future estate planners, elder law attorneys, litigators, and judges, or anyone seeking mastery of Louisiana’s distinctive legal system as it applies to families, property, and fiduciary obligations.