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SB 93

SUCCESSIONS: Provides for enforceability of penalty clauses in wills. (8/1/25)

2025 Regular Session Introduced by Eddie Lambert

Louisiana now permits enforceable penalty clauses in wills that financially punish beneficiaries who contest the will's validity, effective August 1, 2025.

Signed by the Governor. Becomes Act No. 39.
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Bill Summary · SB 93

Legislative bill overview

SB 93 modifies Louisiana succession law to make penalty clauses in wills legally enforceable. Previously, Louisiana courts had restrictions on enforcing provisions that penalized beneficiaries for contesting a will's validity. This bill removes those restrictions, allowing testators to include binding financial consequences for heirs who challenge the will.

Why is this important

This change shifts power dynamics in estate disputes by giving testators stronger tools to discourage litigation over their final wishes. It affects how contested wills are handled in Louisiana courts and may reduce the number of will challenges, though it could also pressure heirs into accepting unfavorable terms to avoid financial penalties.

Potential points of contention

  • Access to justice concerns: Penalty clauses may prevent heirs from contesting genuinely invalid wills (due to undue influence, fraud, or lack of capacity) because the financial risk becomes prohibitive
  • Fairness to beneficiaries: Disinherited or disadvantaged heirs may lack the means to challenge a will even when they have legitimate legal grounds, effectively silencing their claims
  • Testator intent vs. coercion: The bill assumes penalty clauses reflect true testamentary wishes, but doesn't address whether those clauses themselves were made under duress or improper influence

Compiled from official sources — confirm details with the bill’s official record.

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