Types of Louisiana Wills and Testaments

Two Types of Louisiana Wills

Wills created in 1999 or later must be in one of two forms to be enforceable in Louisiana. Specifically, a will must be a(n):

• Notarial will. Notarial wills may be what you think of as a traditionally executed will. Notarial wills must be in writing, dated, and signed before a notary and two witnesses. The testator (the person creating the will) must declare the document to be his will and sign each page of the document. The notary and witnesses must also sign, indicating that the testator declared the document to be his will and testament while in their presence. Special provisions can be made for people who don’t know how to sign their names, people who can’t read, people who are blind, and people who are deaf.
• Olographic will. Olographic wills must be handwritten by the testator and describe the testator’s wishes about how property should be distributed after his death. Louisiana law requires that olographic wills be dated with the day, month, and year on which the will was created and signed by the testator. Fill in the blank forms or typewritten wills are not valid olographic wills. The date may appear anywhere on the document. Typically, the testator’s signature should come at the end of the document. A court may or may not consider anything written below the testator’s signature as part of the will. When an olographic will is presented to a Louisiana court, two witnesses must testify that the testator wrote the will.

Either of these properly executed will forms should be accepted in Louisiana courts.

Other Types of Wills Recognized in Louisiana

Before 1999, other types of wills were recognized in Louisiana. These included but were not limited to, mystic wills, nuncupative testaments by public act, and nuncupative testaments by prior act. These wills remain valid today if they were properly executed according to the Louisiana law that was in effect when they were created.

Additionally, wills that are created in states other than Louisiana may be recognized as valid in Louisiana if the out-of-state will is: (1) in writing; (2) signed by the testator; and (3) in compliance with the laws of the state where it was created.

Is Your Loved One’s Will Valid?

You want your loved one’s wishes to be honored, but that can only be done if your loved one’s will is valid. Louisiana courts strictly interpret the rules for making wills. Therefore, any mistake in the creation or execution of the will could mean that your loved one’s property will pass by Louisiana’s laws of intestacy.

You can’t go back and change how your loved one’s will was executed, but it’s important to know if the will is likely to be recognized in a Louisiana court. You also need to know what you can do to make your loved one’s legal succession easier and faster for your family.

Our experienced Scott Law Group are here to help families throughout the state of Louisiana. Let us review your loved one’s will and other estate documents, so we can advise you of your legal options. We want to help you get through this time with as little stress and with as little expense as possible while we honor your loved one’s wishes and Louisiana law.

To get started, we invite you to call us today or fill out our online form to have us contact you.

Olographic Wills in Louisiana: Requirements and Pitfalls

An olographic testament is a handwritten will — Louisiana’s informal alternative to the notarial testament. To be valid under La. C.C. art. 1575, it must satisfy three requirements, all of which must be present:

• Entirely handwritten. Every word must be in the testator’s own handwriting. Printed text, typed fill-in-the-blank forms, or even a printed letterhead at the top of the page can invalidate the document. There are no exceptions.
• Dated. The date must identify the day, month, and year. Writing “December 2023” without a specific day has been held insufficient in some Louisiana cases. Specific date formats (e.g., “December 5, 2023”) are safest.
• Signed. The testator must sign the document. Initials alone are usually insufficient; a full signature is the expected standard.

Common mistakes that invalidate olographic wills:

• Using a printed template and filling in the blanks by hand
• Adding typewritten insertions or corrections anywhere in the document
• Missing or ambiguous date
• Signing with initials only
• Crossing out provisions without a clear replacement (courts may have difficulty determining the testator’s intent)

When olographic wills make sense: Emergency situations, remote locations without attorney access, very simple estates with clear heirs and few assets. When they don’t: Blended families, significant real estate, forced heirship situations, business interests, or any estate where a challenge is likely. The absence of witnesses or a notary means there’s no one to attest to the testator’s mental state or freedom from influence at the time of signing.

Notarial Wills in Louisiana: Requirements and Advantages

A notarial testament is Louisiana’s formal will — typed or handwritten, executed before a notary and two witnesses simultaneously. Under La. C.C. art. 1577, the requirements are:

• In writing and dated.
• Signed on every page by the testator. For a multi-page will, each page must bear the testator’s signature at the bottom — not just the final page.
• Two competent witnesses present simultaneously with the testator and the notary. Witnesses cannot be beneficiaries under the will.
• Notary public. The notary attests to the testator’s identity and the execution formalities.
• All present at the same time. The testator, notary, and both witnesses must all be physically present together during execution.

Key advantages of notarial wills: They are self-proving — because a notary and witnesses were present at signing, there is no need for handwriting testimony during probate. The will is presented to the court, confirmed as notarially executed, and probated. Notarial wills are also harder to challenge on capacity or undue influence grounds because the notary and witnesses can testify to the circumstances.

Special accommodations: Louisiana provides specific execution procedures for testators who cannot read (the will must be read aloud), who are blind, or who are deaf (La. C.C. arts. 1579–1581). An attorney familiar with these specific requirements must supervise the signing for testators with these conditions.

What Makes a Louisiana Will Invalid?

Not every document labeled “my will” survives legal scrutiny. Louisiana courts have invalidated wills on several grounds — and the consequences are significant: when a will fails, the estate passes as if there were no will at all, distributed under Louisiana’s intestate succession rules.

Formal defects (most common):

• Missing notary or witnesses for a notarial testament
• Witnesses who are also beneficiaries (a disqualifying conflict)
• Missing date or signature on an olographic will
• Typed or printed portions in an olographic will
• Failure to sign each page of a notarial testament
• Not all parties present simultaneously at execution

Substantive grounds for challenge:

• Testamentary incapacity: The testator did not understand the nature of making a will, the extent of their property, or who their natural heirs were at the time of signing. Medical records and witness testimony are central.
• Undue influence: Someone in a position of trust manipulated the testator into writing the will differently than they independently would have. This is commonly alleged when a caretaker or late-in-life companion is the primary beneficiary.
• Fraud: The testator was deceived about the content or nature of what they signed.
• Forgery: The signature or handwriting is not authentically the testator’s.

What happens when a will is invalidated: The estate passes under Louisiana’s intestate succession rules — meaning to descendants, then siblings, then parents, then more distant relatives, in the order prescribed by the Civil Code — regardless of what the testator wrote. Prior wills are not automatically revived unless they were specifically kept in force. If you believe a will is defective or was the product of undue influence, a succession attorney can evaluate the legal basis for a challenge.