Succession of Steckler

665 So. 2d 561, 1995 WL 697712
CourtLouisiana Court of Appeal
DecidedNovember 28, 1995
Docket95-CA-227
StatusPublished
Cited by4 cases

This text of 665 So. 2d 561 (Succession of Steckler) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Succession of Steckler, 665 So. 2d 561, 1995 WL 697712 (La. Ct. App. 1995).

Opinion

665 So.2d 561 (1995)

SUCCESSION OF Therese Delaune STECKLER.

No. 95-CA-227.

Court of Appeal of Louisiana, Fifth Circuit.

November 28, 1995.

*562 Dan A. Smetherman, Curry, Rizzo & Smetherman, New Orleans, for Appellant Donaldson L. Steckler.

Edward D. Wegmann and Bari L. Diordano, New Orleans, for Appellees Julian P. Brignac, Testamentary Executor of the Estate of Therese Delaune Steckler, Robert J. Steckler, John R. Steckler, and Janis Steckler Anderson.

Before GAUDIN, GOTHARD and CANNELLA, JJ.

CANNELLA, Judge.

Plaintiff, Donaldson L. Steckler, appeals from the district court judgment rendered in favor of defendant, the executor of the estate of the decedent, Therese D. Steckler, maintaining plaintiff's disinherison as stated in the decedent's will. For the reasons which follow, we reverse the judgment.

Therese Delaune Steckler died testate on April 17, 1991. In her "Last Will and Testament" dated October 12, 1987, the decedent disinherited her only child, plaintiff, with the following language:

I hearby disinherit my son, Donaldson, because he has known how to contact me, but has failed without just cause to communicate with me for a period of two years prior to execution of this will.

In her will, she also made two small bequests to two different charities and left the remainder of her estate, divided equally in trusts, to each of her four grandchildren, with the exception that her granddaughter, *563 Janice, receive an extra $100,000. Her will further provided that, in the event that her son overturned the disinherison provision, he would receive the minimal forced portion of her estate, from assets other than land and minerals, to be held in trust for the remainder of his life.

On April 29, 1991, the executor filed a petition to probate the will. Plaintiff thereafter filed a Petition to Annul Will for Lack of Capacity or Alternatively to be Recognized as Forced Heir. In his petition, plaintiff stated that the grounds for disinherison asserted in the decedent's will were not based in fact. To the contrary he alleged that he communicated with his mother through written correspondence on several occasions between 1985 and 1987 and that he exhibited a continuing effort over the years to express care and concern for his mother's well-being.

The case went forward with a hearing only on the disinherison question.[1] After the hearing, the court ruled "maintaining the disinherison of plaintiff as stated in the testament of Therese D. Steckler." It is from this judgment that plaintiff appeals.

Plaintiff argues that the trial court erred in finding that he was legally disinherited under La.C.C. art. 1621(12). That statute provides, in pertinent part:

The just causes for which parents may disinherit their children are twelve in number. There shall be a rebuttable presumption as to the facts set out in the act of disinherison to support these causes. These causes are, to wit:
12. If the child has known how to contact the parent, but has failed without just cause to communicate with the parent for a period of two years after attaining the age of majority, except when the child is on active duty in any of the military forces of the United States.

Section 12 of La.C.C. art. 1621 was added by Acts 456 of 1985, effective September 6, 1985. Prior to that, lack of communication was not a grounds for disinheriting an heir except insofar as it may have constituted proof of cruel treatment. Therefore, plaintiff argues that the court could only consider the time period following the effective date of La.C.C. art. 1621(12) in determining whether plaintiff had disproved the facts supporting the disinherison. Plaintiff contends that during that time period he presented ample evidence of communications with his mother to rebut the grounds for his disinherison.

Defendant argues that since the decedent's will was executed following the change in the law, the new provision would enable the decedent to disinherit her son for lack of communication based on actions that occurred prior to the enactment of the provision. Defendant argues that the evidence clearly did not disprove lack of communication by plaintiff with his mother for a two year period since he reached the age of majority. Additionally, defendant argues that the "communications" by plaintiff to his mother in the two years following the enactment of the statutory provision were not sufficient within the meaning of the statute to prevent the disinheritance.

In the trial court's reasons for judgment, the court found simply that "there did exist a two year period when plaintiff did not communicate with his mother after plaintiff reached the age of majority." It is not clear whether the court considered actions or, in this case inactions, by the plaintiff prior to the enactment of the statute or whether the court found that plaintiff's communications were insufficient to obviate the ground for disinheritance. However, we find that neither alternative would support the court's judgment maintaining the disinherison.

The right of forced heirship is vested in the 1974 constitution in Article XII, § 5, which declares that "[n]o law shall abolish forced heirship." The history of this constitutional provision indicates that its proponents recognized the importance of preserving the legal institution of forced heirship, especially its core principle of equality of heirship, in order to further significant social *564 and economic interests. Succession of Lauga, 624 So.2d 1156 (La.1993). The constitutional preservation of forced heirship was perceived as a means of ensuring several important private and public policies: equitable distribution and equality of heirship among children, lessening of disputes, will contests and other wasteful litigation, harmony and solidarity of the family, and continued prevention of the cummulation of excessively large fortunes through primogeniture and entailment. Succession of Lauga, supra. Therefore, while a child does not have a vested right in his parent's property during the lifetime of the parent, he does have a constitutionally vested right of inheritance to a fixed portion of his parent's estate.

Against this constitutional backdrop, we must consider the application of La.C.C. art. 1621(12) as added by Act 456 of 1985. Generally, in determining whether a statute should apply retrospectively, where the legislature did not express that it intended for the statute to have retrospective application, the court is required to classify the statute as either substantive, procedural or interpretive legislation. Rousselle v. Plaquemines Parish School Bd., 93-1916 (La. 2/28/94), 633 So.2d 1235. A substantive law creates, confers or destroys rights, causes of action or legal duties. A procedural law prescribes methods for enforcing substantive laws, and relates to the form of the proceeding or the operation of the laws. An interpretive law merely establishes the meaning that the existing law had from the time of its enactment. Stelly v. Overhead Door Co. of B.R., 94-0456 (La. 12/8/94), 646 So.2d 905. In the absence of contrary legislative expression, substantive laws apply prospectively only. Procedural and interpretive laws apply both prospectively and retrospectively, unless there is a legislative expression to the contrary. La.C.C. art. 6.

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Bluebook (online)
665 So. 2d 561, 1995 WL 697712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-steckler-lactapp-1995.