Senate Bill No. 93, proposed by Senator Lambert, aims to clarify the enforceability of penalty clauses in wills and other juridical acts by enacting Civil Code Article 1519.1. The new provision states that any clause intended to penalize an individual for filing a challenge against an inter vivos or mortis causa donation, succession, or trust administration will be deemed unenforceable if there exists a substantial likelihood that the challenge would succeed at the time the action is initiated. This legislative change seeks to balance the interests of donors in preventing frivolous lawsuits with the rights of beneficiaries to contest potentially invalid donations or successions.

The bill is set to take effect on August 1, 2025, and it reflects a modern approach to penalty clauses, aligning Louisiana law with practices observed in other states. It emphasizes that courts should apply discretion in determining the nature of actions that may invoke penalty clauses, ensuring that good faith inquiries into the validity of a will or donation are not stifled by such provisions. The bill does not replace existing laws regarding penalty clauses but rather provides additional clarity on their application in the context of successions and donations.