Is There A Different Type Of Declaration Required For This Instrument?

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If the testator is unable to read the Louisiana Notarial Testament, then the entire written testament must be read aloud in the presence of the testator, the notary, and the two witnesses. The notary or a witness can be the one to read the document aloud.

Anyone not reading the document aloud must follow along on their own copy of the document. After the reading, the testator must declare that the reading was heard, understood, and is his or her testament. If the testator is able to do so, he or she must sign each page of the instrument. The testament should also include an affirmation that the testator cannot read and had the document read to him or her. The Civil Code provides a special attestation clause for this.

If a testator doesn’t know how to read, doesn’t know how to sign his or her name or is unable to sign due to a physical infirmity, then he or she should declare it. Then, if they can, they should make their mark in the signature space. If unable to make a mark, then the testator can ask the notary or a witness to help them make the mark or sign the document for them.

In this case, the required attestation clause must be modified to state that in addition to not being able to read, the testator also declared or signified that he or she did not know how to sign his or her name or was unable to do so due to a physical infirmity.

Can A Louisiana Notarial Testament Be Written In Braille?

The Louisiana Civil Code does allow for Louisiana Notarial Testaments to be written in braille. The code says that the testator must declare in the presence of a notary and two competent witnesses, that the testament, written in braille, is his or her testament. The testator must sign his or name at the end of the testament and on each separate page.

The Braille testament must include this attestation clause (not in Braille): “In our presence the testator has signed this testament at the end and on each other separate page and has declared or signified that it is his testament; and in the presence of the testator and each other we have hereunto subscribed our names this ____day of __Month__, _Year_.”

It’s important to note that the language above should not be in braille. It must be in writing because it is the notary and the witnesses who are declaring.

For more information on Wills and Testaments in Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450 today.