Two Forms of Louisiana Wills: Part 1 - The Olographic Testament
In Louisiana, there are only two forms of valid Wills (known by our Louisiana law as “testaments.” The two forms are: olographic and notarial. This post addresses the less popular olographic (some people refer to it as an “holographic” Will).
When we discuss whether a handwritten Will is valid, we must look to the terms of the Louisiana statute that defines and olographic testament. Note that there are many, many court cases where lawyers have argued, and judges have determined, whether someone’s handwritten attempt at a Will is valid, and if so, how it should be interpreted.
Nonetheless, our Louisiana law states that “An olographic testament is one entirely written, dated, and signed in the handwriting of the testator.” The statute goes on to state, in part, what it means to be dated and signed, including the fact that writings after the signature do not make the testament invalid and such writing may be considered by the court, in its discretion, as part of the testament.
Many people think that if they just meet the validity requirements of an olographic testament, then everything will go hunky-dory when they pass away. But those people should think again.
It’s easy to make a valid olographic testament, but problems often surface after the death of the testator because the wording was either insufficient, ambiguous, errors were made, reasonable contingencies were not addressed, or bequests were made outright to people when they should not have due to age or financial immaturity.
The bottom line on Louisiana olographic Wills is that it is possible, if not simple, to write your own Will that would be recognized by a Louisiana court as a valid Will. However, if the reason you attempted to write your own Will was to save some costs today, know that the future costs to your estate and your heirs (both financial and emotional costs) will far outweigh any savings you felt you realized by making your own olographic testament.
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