{"id":373685,"date":"2016-03-31T21:35:24","date_gmt":"2016-04-01T02:35:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/louisiana-law\/louisiana-wills-laws.html"},"modified":"2023-04-17T00:00:00","modified_gmt":"2023-04-17T05:00:00","slug":"louisiana-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/louisiana-law\/louisiana-wills-laws.html","title":{"rendered":"Louisiana Wills Laws"},"content":{"rendered":"\n
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Louisiana Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Just the phrase \u201clast will and testament\u201d evokes somber and serious scenarios. But are wills as scary as they sound? The short answer is no. And the Bayou State has specific guidelines that cover how a will can be created<\/a>, who can create one, and what it can cover. Here is a brief overview of summary wills laws in Louisiana.<\/p>\r\n

Wills Laws in Louisiana<\/h2>\r\n

A will is really just a person\u2019s legal plan for what happens to his or her property after they pass away. And state wills laws<\/a> dictate the who, what, and how of creating the plan. The basics of wills statutes in Louisiana are listed below.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

Louisiana Civil Code 1570, et seq.<\/a>: Testaments<\/p>\r\n<\/td>\r\n<\/tr>

Age of Testator<\/p>\r\n<\/td>\r\n

To have the capacity to make a donation inter vivos or mortis causa, a person must also be able to comprehend generally the nature and consequences of the disposition that he is making. Minor over 16 can dispose only mortis causa (in prospect of death).<\/p>\r\n<\/td>\r\n<\/tr>

Number of Witnesses<\/p>\r\n<\/td>\r\n

Signed in presence of notary and two competent witnesses.<\/p>\r\n<\/td>\r\n<\/tr>

Nuncupative (Oral Wills)<\/p>\r\n<\/td>\r\n

Valid by: (1) Public Act: must be received by notary public in presence of 3 witnesses residing in place of execution or 5 not residing in place; must be written by notary as dictated and read to testator in presence of witnesses; must be signed by testator or expressly mentioned why he cannot and signed by at least one witness; (2) Act Under Private Signature: written by testator or another from his dictation and presented in front of 5 witnesses who reside in place of execution or 7 who do not (3 and 5 consecutively, if in the country and no other witnesses can be had).<\/p>\r\n<\/td>\r\n<\/tr>

Holographic Wills<\/p>\r\n<\/td>\r\n

Valid if entirely written, dated, and signed by testator; it is not subject to any other formality and may be made anywhere (even out-of-state).<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Understanding Wills<\/h2>\r\n

Not everyone is familiar with the language in Louisiana estate planning laws<\/a>. Here are some basic terms:<\/p>\r\n