When the testator is blind but knows how and is physically able to read braille (notarial testament in braille form).When the testator is literate and sighted but physically unable to sign.When the testator knows how to sign his name and to read and is physically able to do both.The correct form depends on the physical and mental condition of the testator. The Louisiana Code sets out five different forms of notarial testaments. Requirements for a Notarial Testament Under Louisiana Law Joint wills (e.g., a single will signed by both a husband and a wife) are not permitted. If it affects real estate, meet the requirements of the law of the state where the real estate is located.Įither type must be made by the testator (and not be someone else acting on his or her behalf).Meet the requirements of the law where the testator was domiciled at death or when the will was executed or. Meet the requirement of the law of the state (other than Louisiana) where the will was executed at the time that the will was executed.Meet the requirements of Louisiana law (discussed below).In order for either type of will to be valid, it must either: Under current law, there are only two forms of wills under Louisiana law: the notarial testament and the olographic testament (called a holographic testament in other states). Forms of Louisiana Last Will and Testament Most companies that prepare generic will forms are not familiar with these rules. Although this is true in most states, it is especially important in Louisiana due to Louisiana’s unique civil law system. Failure to get the form exactly right will result in an invalid document or, perhaps worse, lead to estate litigation. Note: Because of Louisiana’s strict requirements, it is particularly dangerous to rely on a generic “Last Will and Testament” form from a non-attorney.
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