LOUISIANA'S REVISED WILL & TESTAMENTS LAW

Here is a short descriptive summary of Louisiana’s new Last Will and Testament law changes under Senate Bill 49, effective August 1, 2025, citing the relevant statutes:

• Olographic Wills (Civil Code Art. 1575):

  • The testator’s signature on an olographic will may appear anywhere in the document, not necessarily at the end.

  • A signature includes full name, nickname, initials, or any mark that identifies the testator and shows intent to adopt the will.

  • The date can appear anywhere and may be clarified by extrinsic evidence; it must only be sufficient to resolve relevant controversies.

  • Handwritten additions or deletions after execution are valid if made by the testator.

  • This simplifies and returns to the traditional Louisiana approach for olographic wills.

    
    

• Notarial Wills (Civil Code Arts. 1576 and 1577):

  
  

  • The signature on a notarial will may appear anywhere and is valid if it identifies the testator and shows intent to adopt the will.

  • The date can appear anywhere and may be clarified by extrinsic evidence; a flexible approach is taken to date sufficiency.

  • The attestation clause is no longer required for the validity of the will. Its absence requires proof of proper execution (Code of Civil Procedure Art. 2887).

  • Signing every page is no longer required for validity but required to make the will self-proving.

  • The testator may direct another person to sign on his/her behalf if unable to sign.

  • The publication requirement (formal declaration that the instrument is the will) is eliminated as a condition of validity.

    
    

• Witness Competency (Civil Code Art. 1581):

  
  

  • Persons who are insane, blind, under 16, or unable to sign cannot be witnesses.

  • Persons who are deaf or unable to read remain competent witnesses.

    
    

• Proof of Notarial Wills (Code of Civil Procedure Arts. 2887 and 2891):

  
  

  • Notarial wills lacking attestation clauses, signatures on every page, or declarations must be proved by testimony or affidavits of the notary or witnesses.

  • These procedures provide alternate proof for probating wills that do not meet all formalities but were properly executed.

    
    

• Repealed Articles:

  
  

  • Eliminated special forms and procedures for testators who are unable to sign, read, are deaf, or deaf and blind (Civil Code Arts. 1577-1580.1).

    
    

• Retroactive Effect:

  
  

  • Changes apply retroactively and prospectively to claims pending or filed after the effective date, but do not revive prescribed claims or affect finalized judgments.

These changes, mainly in Civil Code Articles 1575, 1576, 1577, 1581 and Code of Civil Procedure Articles 28

87, 2891, aim to simplify testament formalities, reduce litigation, and focus on testator intent.​

NOTE: The above is an AI generated descriptive summary of Louisiana’s new Last Will and Testament law changes, effective August 1, 2025.  This summary is not to be construed as “Legal Advise”, and all AI content is vulnerable to mistakes.