Must The Testament/Will Be Signed On The Date The Testament/Will Says It Was Signed?

---

One of the most common questions that comes up when dealing with Louisiana Notarial Testaments is the date that appears on the document. Specifically, must the testament/will be signed on the date shown on it? The short answer is no. In fact, it’s common practice to have a typewritten testament already dated and ready to be signed by the testator, witnesses, and notary.

The critical function of the date on a Louisiana Notarial Testament is to establish a clear timeframe for when the document was signed. That way, any of your previously created testaments with earlier dates can be ignored, and the testament with the latest date will prevail as your final wishes.

In other words, should anyone contest your will after you die and show an older version of the will as proof, the courts will view the document with the date closest to when you died as your final wishes.

What If A Testator Is Physically Unable To Sign Their Name?

The Louisiana Civil Code says that the testator who is unable to sign his or her name because of physical impairment must declare, in the presence of the notary and two competent witnesses, that the instrument is his or her testament and they are able to see and read the document, but unable to sign because of a physical disability or impairment. The testator will then affix his or her mark in the signature space. If they are unable to do that, then the notary or a witness can help the testator make the mark or even sign the document for them.

However, in this case, the instrument will also be required to have an attestation clause in it that acknowledges that the testator can see and read the document but is unable to sign and has affixed a mark (with someone’s assistance, if needed) in the presence of the witnesses and notary.

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.