What Is The Most Popular Testament/Will Used In The State Of Louisiana?

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The most popular testament will used in the state of Louisiana is, by far, the Louisiana Notarial Testament because it’s the simplest to probate. A Louisiana Notarial Testament is executed in accordance with the provisions found within the Louisiana Civil Code, which require that the testament:

First: It must be prepared in writing and dated.

Second: If the TESTATOR knows how to sign his name, and knows how to read, and is physically able to both READ and also to SIGN his name, then,

Third: In the presence of a NOTARY PUBLIC and two COMPETENT WITNESSES, (all together), the testator must DECLARE or SIGNIFY to them that this instrument is his Testament and he shall then sign his name at the end of the Testament and also must sign on each other separate page.

Fourth: The Testator must sign an Attestation clause that is within the body of the Testament.

What Does The Attestation Clause Attest To?

It must attest and declare as follows: “In our presence the testator has declared on signified that this instrument is his last Testament and has signed it at the end and on each other separate page, and in the presence of Testator and each other we have hereunder inscribed our names this ____ day of __Month__, _Year_.”

Technically, the testator does not need to put in writing that the document contains his or her last wishes. He or she may verbally assent to the provisions in the will. However, an attorney would likely advise that you do put his assent in writing to reduce the chances of anyone challenging the validity of the will.

Must Witnesses Be Present When The Testator Reads The Will?

The witnesses don’t actually have to see the testator read the will before they sign it. Typically, the document is first read and approved by the testator. Then, the notary gathers the testator and witnesses together to sign and date the document. Best practice dictates that each page of the document be dated.

It’s important to note that the state of Louisiana takes these signatures, especially that of the testator very seriously. The Louisiana courts have stated “Signatures to obligations are not mere ornaments. If a party can read, it behooves him to examine and instrument before signing it.”

Must Testament/Wills Be Typed In English?

Many people assume that a will must be created on a typewriter or printed out on a computer to be valid. That’s not necessarily true. A will can be entirely hand-written, or even created on a braille typewriter.

In addition, it’s not required that wills be written in English. The testator can use any language to write their will as long as they can read and understand it, whether it’s Spanish, German, Russian, or any other language.

Many citizens of Louisiana have a strong French heritage and speak French as a second language or exclusively, so it’s not uncommon for people to write their wills in French. Whatever language is used, the notary should mention in the will that the testator can read and can understand this other language.

For more information on Will and Testament 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.