When it comes to planning your estate in Louisiana, one of the most commonly used and reliable forms of a Last Will and Testament is the notarial will. A notarial will (also known as an “authentic act”) offers advantages in terms of formality and legal enforceability—but only if all of Louisiana’s specific requirements are met.
What Is a Notarial Will?
A notarial will is a written will executed in the presence of a notary and two competent witnesses, all of whom must follow a strict set of formalities. Unlike handwritten (olographic) wills, which rely on the testator’s own handwriting and can be prone to disputes, notarial wills are often viewed as more legally robust and more complicated to contest.
Legal Requirements for a Valid Notarial Will in Louisiana
To be valid under Louisiana law, a notarial will must meet several important criteria. Failing to comply with even one of these requirements can render the will null and void, so it’s critical to understand and follow each step precisely.
Written Declaration
The testator (the person making the will) must declare in writing that the document is their last will and testament. This statement should be typed or printed, not handwritten.
Presence of a Notary and Two Witnesses
The will must be executed in the physical presence of a notary public and two competent witnesses. These witnesses must not be beneficiaries or spouses of beneficiaries named in the will.
Reading Aloud and Acknowledgment
The testator must sign the will at the end, and the notary must read the will aloud (or have the testator declare that they’ve read it and that it reflects their wishes). The testator must then acknowledge before the notary and witnesses that the document is indeed their will.
Proper Attestation Clause
The notary must include a specific attestation clause at the end of the will, confirming that all formalities were followed. This clause must include language stating that the testator declared the document to be their will and signed it in the presence of the notary and witnesses.
Signatures
Finally, the testator, notary, and both witnesses must all sign the will in each other’s presence. This means they must all be physically present in the same room at the same time when the document is signed.
Why These Formalities Matter
Louisiana has some of the strictest formalities in the country due to its unique civil law tradition. If even one required element is missing, such as a missing signature or a witness who is also a beneficiary, the entire will can be declared invalid. That could mean your estate passes according to Louisiana’s default intestate succession laws, which may not reflect your wishes.
Can a Notarial Will Be Contested?
While notarial wills are more difficult to challenge than handwritten ones, they can still be contested in court. Common reasons include:
- Allegations of undue influence or lack of mental capacity
- Failure to follow the correct legal formalities
- Questions about the testator’s intent or understanding of the document
Having a qualified estate planning attorney draft and supervise the execution of your will can reduce the chances of these issues.
Speak With a Louisiana Estate Planning Attorney Today
If you want to make sure your will is valid and enforceable, don’t leave it to chance. At Losavio & DeJean, LLC, we assist individuals and families across Louisiana in preparing clear, legally sound estate planning documents, including notarial wills.
We’ll walk you through every requirement and make sure your will meets all legal formalities, so your loved ones are protected and your wishes are honored. Contact us today to schedule a consultation and start securing your future with confidence.