Creating a valid Last Will and Testament is one of the most important steps you can take to ensure your wishes are respected and your loved ones are protected after your death. In Louisiana, however, wills are governed by a unique set of laws that differ significantly from those in other states. If you’re considering drafting or updating your will, understanding these legal requirements is essential.
Notarial Will Requirements
The most common and legally secure form of a will in Louisiana is the notarial will. To be valid under Louisiana law, a notarial will must meet the following requirements:
- Written form: The will must be in writing. It can be typed or handwritten, but it must be clearly legible and in a physical format.
- Testator’s capacity: The person creating the will (called the “testator”) must be at least 18 years old and of sound mind. This means they must understand the nature of making a will and the general extent of their assets.
- Signed by the testator: The testator must sign the will at the end of the document.
- Presence of a notary and witnesses: The will must be executed in the presence of a notary public and two competent witnesses. All parties must be present together during the signing process.
- Proper attestation clause: The will must include a declaration by the testator that the document is their last will and testament, followed by an attestation clause confirming it was signed in the presence of a notary and witnesses.
The notarial will is popular because it provides a high level of legal protection and is less likely to be contested. Additionally, it avoids the need for witnesses to testify about the will’s validity during probate.
Olographic Will Requirements
An olographic will is a handwritten will that does not require a notary or witnesses at the time of signing. However, to be valid in Louisiana, it must meet the following strict requirements:
- Entirely handwritten by the testator: The entire document must be handwritten by the person making the will. Typed or pre-printed text will invalidate an olographic will.
- Dated: The will must be dated in the testator’s handwriting.
- Signed by the testator: The document must be signed by the testator.
Because olographic wills do not require witnesses or a notary at the time of execution, they may seem more straightforward to create. However, they are more likely to face challenges in court, particularly if questions arise about the testator’s handwriting, mental capacity, or intent.
Why Legal Guidance Matters
Although Louisiana law permits handwritten wills, relying on a do-it-yourself approach can lead to complications and potential issues. A minor error, such as failing to include the necessary elements or using unclear language, can render a will invalid or partially unenforceable. This may leave your estate subject to Louisiana’s intestacy laws, which may not reflect your actual wishes.
By working with an experienced estate planning attorney, you can help ensure your will complies with Louisiana law and fully reflects your intentions. A properly drafted will can also reduce the likelihood of disputes among heirs and simplify the probate process.
Let Losavio & DeJean Help You Plan with Confidence
At Losavio & DeJean, LLC, we assist individuals and families throughout Louisiana in creating clear, enforceable wills and estate plans tailored to their unique needs. Whether you’re drafting your first will or updating an existing one, our attorneys can guide you every step of the way.
Contact us today to schedule a consultation and gain peace of mind knowing your legacy is protected according to Louisiana law.