When most people think of a Last Will and Testament, they picture a formal document typed up by an attorney and signed in front of witnesses. In Louisiana, however, there is another option that often surprises people: a handwritten will. These are legally recognized in certain circumstances, provided that specific requirements are met. If you are considering writing your own will in Louisiana, it is critical to understand what constitutes a valid handwritten will, as well as the associated risks.
What Is a Handwritten Will?
A handwritten will is also referred to as an “olographic testament” under Louisiana law. Unlike a notarial will, which must be executed in front of a notary and two witnesses, an olographic will is entirely written, dated, and signed by the person making it, also known as the testator. This type of will does not require witnesses or notarization, but it does require that every word be in the testator’s handwriting.
Requirements for Validity
For a handwritten will to be valid in Louisiana, the following elements must be present:
- The entire will must be written by hand. If even part of it is typed, printed, or written by someone other than the author, it is not valid.
- It must include the date. Without a date, the will can be considered invalid or lead to disputes if more than one handwritten will is discovered.
- It must be signed at the end by the testator. A signature elsewhere in the document may not be enough.
These requirements may seem simple, but they are strictly enforced. Courts in Louisiana take them seriously, and even small mistakes can render a handwritten will invalid.
Why Handwritten Wills Can Cause Problems
Although handwritten wills are recognized under Louisiana law, they often create confusion and lead to disputes among heirs. One common problem is legibility. If the handwriting is difficult to read, it can be hard for the court to determine the testator’s intentions. Another issue is wording. Lawyers use precise language in wills to avoid ambiguity, but handwritten wills may contain unclear instructions that leave room for argument.
Additionally, because handwritten wills do not require witnesses or notarization, it is easier for someone to challenge their authenticity. Family members may claim the handwriting is not really the testator’s, or that the will was written under pressure or when the testator lacked mental capacity. These challenges can lead to costly and time-consuming legal battles.
Handwritten Wills versus Notarial Wills
A notarial will, prepared with the help of an attorney and executed before witnesses and a notary, provides far more security and clarity. These wills are harder to challenge because the formal process creates a strong record of validity. They also enable the testator to benefit from professional guidance, ensuring that all wishes are clearly and properly expressed.
While a handwritten will may seem like a quick solution, it is often not the best option if you want to avoid disputes after your passing. A notarial will provides peace of mind that your estate will be distributed according to your wishes.
Contact Losavio & DeJean, LLC Today
Louisiana law allows handwritten wills, but they must be entirely handwritten, dated, and signed by the testator to be valid. Even then, they often raise questions and challenges that can cause difficulties for loved ones. If you want to ensure your estate plan is secure and your wishes are honored, consider working with a qualified estate planning attorney.
At Losavio & DeJean, LLC, we help Louisiana families protect their legacies with clear, valid, and enforceable estate planning documents. If you are considering writing a will or updating an existing one, please get in touch with our office to learn how we can guide you through the process and provide peace of mind for the future.