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LOUISIANA LEGAL INFORMATION
Last Will and Testament Statutes
Last Will information from the Louisiana Bar Association
Louisiana Probate and Succession Law, general information.
Additional information regarding Louisiana Last Wills
Link to the Louisiana Statutes, Civil Code with includes the Louisiana Probate Code, See CC 1570, et alia.
American Bar Association Guide to Wills and Estates
American Bar Association, Estate Planning
Selected Louisiana Statutes
- Will executed outside state. A will executed outside this state in the manner prescribed by the law of the place of its execution or by the law of the testator's domicile, at the time of its execution shall be deemed to be legally executed and shall have the same force and effect in this state as if executed in the manner prescribed by the laws of this state, provided the will is in writing and subscribed by the testator.
Louisiana RS 9:2401.
- Forms of testaments [i.e., "last wills"]. There are two forms of testaments: olographic and notarial.
Louisiana CC 1574.
- Olographic testament.
A. An olographic testament is one entirely written, dated, and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. If anything is written by the testator after his signature, the testament shall not be invalid and such writing may be considered by the court, in its discretion, as part of the testament. The olographic testament is subject to no other requirement as to form. The date is sufficiently indicated if the day, month, and year are reasonably ascertainable from information in the testament, as clarified by extrinsic evidence, if necessary.
B. Additions and deletions on the testament may be given effect only if made by the hand of the testator.
Louisiana CC 1575.
- Notarial testament. A notarial testament is one that is executed in accordance with the formalities of Articles 1577 through 1580.1.
Louisiana CC 1576.
- Requirements of form. The notarial testament shall be prepared in writing and dated and shall be executed in the following manner. If the testator knows how to sign his name and to read and is physically able to do both, then:
(1) In the presence of a notary and two competent witnesses, the testator shall declare or signify to them that the instrument is his testament and shall sign his name at the end of the testament and on each other separate page.
(2) In the presence of the testator and each other, the notary and the witnesses shall sign the following declaration, or one substantially similar: "In our presence the testator has declared or signified that this instrument is his testament and has signed it at the end and on each other separate page, and in the presence of the testator and each other we have hereunto subscribed our names this ____day of _________, ____."
Louisiana CC 1577.
- Persons incompetent to be witnesses. A person cannot be a witness to any testament if he is insane, blind, under the age of sixteen, or unable to sign his name. A person who is competent but deaf or unable to read cannot be a witness to a notarial testament under Article 1579.
Louisiana CC 1581.
- Effect of witness or notary as legatee. The fact that a witness or the notary is a legatee does not invalidate the testament. A legacy to a witness or the notary is invalid, but if the witness would be an heir in intestacy, the witness may receive the lesser of his intestate share or the legacy in the testament.
Louisiana CC 1582.
- Universal legacy. A universal legacy is a disposition of all of the estate, or the balance of the estate that remains after particular legacies. A universal legacy may be made jointly for the benefit of more than one legatee without changing its nature.
Louisiana CC 1585.
- General legacy. A general legacy is a disposition by which the testator bequeaths a fraction or a certain proportion of the estate, or a fraction or certain proportion of the balance of the estate that remains after particular legacies. In addition, a disposition of property expressly described by the testator as all, or a fraction or a certain proportion of one of the following categories of property, is also a general legacy: separate or community property, movable or immovable property, or corporeal or incorporeal property. This list of categories is exclusive.
Louisiana CC 1586.
- Particular legacy. A legacy that is neither general nor universal is a particular legacy.
Louisiana CC 1587.
Library of Informational Legal Articles
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