Free Louisiana Last Will and Testament Form

A will is a legally binding document that expresses the testator’s last wish in the form prescribed by law and ascertains the legal distribution of the will creator’s estate after their demise.

Making a last will is often a wise option for anybody who wants to steer clear of arguments and misunderstandings. Even if you don’t have a lot of assets, a last will can help your family situation and prove to be fundamental to your household upon your death.

On this page, you’re able to get a free Louisiana last will and testament form that you can fill in and print out. On top of that, below, there is a good amount of details concerning the last will writing process and common questions.

Louisiana Last Will Laws and Requirements

Requirements State laws
Signing requirement Two witnesses AND a notary public SECTION 2 – FORMS OF TESTAMENTS
Age of testator No statute
Age of witnesses 16 and older SECTION 3 – OF THE COMPETENCE OF WITNESSES AND OF CERTAIN DESIGNATIONS IN TESTAMENTS
Self-proving wills Not allowed
Handwritten wills Recognized under certain circumstances   SECTION 2 – FORMS OF TESTAMENTS
Oral wills Not recognized
Olographic wills Recognized under certain circumstances
Registering a will Possible with the the secretary of state office §2446.  Will information registration

How to Prepare a Louisiana Last Will

  1. Think about your possible choices. One thing to bear in mind, first of all, is if you want to write the whole document by hand or try a fillable last will and testament form that can be found online.
  2. Indicate your details. The initial step is establishing the testator by filling out their full name, together with the residential information (city, county, and state). Review the remaining part of the passage, including the information you’ve written and the “Expenses and Taxes” paragraph.
  3. Appoint the executor. The next step is to choose the executor of your last will: the person responsible for ensuring all you lay out in this document is made a reality. To do this, you will need to indicate the executor’s full legal name, together with their residence specifics (city, county, and state). Make sure you choose a person who resides in the same state as you do. Otherwise, there’ll be more paperwork and unavoidable hassle involved in the procedure because of different special rules every state has when it comes to out-of-state executors. It could happen that the main representative will not be able to execute your last will and testament because of a health problem, death, unwillingness, or other reasons. In such a case, the court will choose its own agent to carry out the duties. In order to prevent that, it is possible to select a second executor by providing the same details you did for the main one.
  4. Indicate the guardian (optional). Should you have underage or dependent children and do not want the court to decide on a guardian for them when you’re no longer on this Earth, it is possible to appoint somebody you know as a guardian for your children.
  5. Establish your beneficiaries. At this stage, you specify people who will receive your estate. Fill out their full names, places of residence, and your relationship to them (spouse, child, friend).
  6. Allocate assets. When you have got an asset distribution in mind that is not even, you can describe it within this part. Assets might include money for arrearage, realty, shares, company control, cash, and any material items of commercial worth you own. Please be aware that there are things that can’t be distributed in your last will, such as joint and living will assets and life insurance.
  7. Ask witnesses to sign the document. Louisiana rules stipulate that at least two witnesses must sign a last will so that it is deemed legally binding. They have to be over 16 years of age and have absolutely no interest in your last will, otherwise they can’t be beneficiaries. As an additional safeguard against scenarios when your will is contested or in case of other problems, it’s a wise idea to name a witness who is younger than you to make sure they will still be there after you depart this world. After a careful revision of each section in your last will, all signatories (you and the two witnesses) must fill out their names and full addresses and sign the will.

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Frequently Asked Questions

What is the difference between 'Power of Attorney' and 'Executor'?


A power of attorney is a legal document that establishes a person, often called your agent or proxy (doesn’t need to be a licensed professional), to manage matters on your behalf when you are alive.

You can find several kinds of power of attorney, the two fundamental ones being:

  1. General power of attorney – lets you assign a proxy (agent) who will have the ability to take care of your financial and legal matters on your behalf. However, this document will become void if the PoA author dies or becomes incapacitated.
  2. Durable power of attorney – gives the same rights to the proxy as the first type but stays effective even if the person on behalf of whom the agent acts becomes incapacitated.

An executor is a person you establish in the last will and testament to handle your matters after departing this life. You could assign the same individual to act as an attorney-in-fact and will executor.

Is will notarization required by the Louisiana statute?


A will in Louisiana is not valid without a notary certification.

When weighing an attested and holographic last will, which is preferable?


If you would like to make a holographic last will, you’ll have to do it by hand. Such wills tend to be usually used in emergent situations and/or until more official documents can be used (whether by an attorney at law or with a will template like the one you can easily download from our website). It isn’t encouraged to have a holographic last will as your last version since it may have unclear or conflicting statements, creating a large delay in the probate.

An attested will is usually typed as it is often made by a legal professional or is based upon a will form, like the one you can get here. You will need to have two witnesses (16 years or older) sign the last will and testament in your presence so that it is regarded as valid. In Louisiana, you’d have to notarize the document.

What does it mean to be testamentary capable?


To be able to create your last will and alter it (to be testamentary capable), you must fulfill specific requirements regarding your legal and mental abilities (sound mind) first.

There’s a chance you’re deemed as lacking testamentary capacity in case you’re underage or experience dementia, senility, insanity, or a similar mental illness that doesn’t allow you to realize your property’s value, heirs, disposition, as well as the interrelationship of these points.

Does a last will demand a self-proving affidavit in Louisiana?


In Louisiana, self-proving wills are not allowed.

Is child or spouse disinheritance possible?


If you wish to disinherit your marriage partner, it will most probably be unfeasible. Louisiana is a community property state (sometimes called marital property). This is a type of asset ownership provided by the law. It declares that half of all properties and assets (including arrears) of one spouse belong to another and remain such after divorce.

According to Census.gov, in 2018, the Louisiana divorce rate was 7.6 per 1,000 women over 15 years old, which is similar to the US average divorce rate in the same period.

In Louisiana, it is possible to disinherit your marriage partner only in regard to your share of the property.

Well before getting married to someone, you can also conclude a prenuptial agreement with your partner. It will allow you to redefine the way the community property will be allocated upon divorce or your demise. It is perhaps the sole plausible way to disinherit your spouse or limit her or his share.

For the others, it’s legal in Louisiana to disinherit family members in your last will. That refers to your children and other members of the family; only include disinheritance sections to your last will and testament.

Is someone permitted to modify my last will and testament?


No, nobody but you is allowed to change your last will. Another person is only able to sign the will in case you are physically incapable f doing it.

In Louisiana, can I modify a typewritten will after signing it?


Yes, it’s possible.

In line with Louisiana law, you are allowed to alter or repeal the will if you are not obligated by a legal agreement that says otherwise.

It can be a good idea to update your last will when a significant event comes about in your life. These include but aren’t limited to:

  1. Adoption or birth of a child
  2. You have divorced or married
  3. You bought or sold real estate or large piece of property.
  4. Your financial position has changed significantly

What are the consequences of having lost a last will and testament?


If the will is lost or damaged, according to Louisiana law, the court will admit it. However, the probate court will be unlikely to admit anything except for the original of the last will to probate.

According to Louisiana law, the absence of the will can be regarded as its revocation. This suggests that the trustee must provide evidence of the last will and testament’s validity, which in turn can be rather troublesome.

The situation can get even more difficult when it comes to a holographic last will. To provide evidence of its validity, the court demands testimony and sword witnesses. The reason behind not providing the will and its contents is to be proven as well.

How does a physically impaired person sign their will?


Louisiana Estate Code makes it possible for another person to sign your will just per your directive and in your presence. The person who wrote the will can convey their last wishes in words, through giving a positive answer to an inquiry, or with a gesture.

It’s possible to have a notary sign the name of a testator who is physically unable to do so in case the testator guides the notary public with a witness present. It is worth noting that such witnesses cannot have an interest (equitable or legal) in any properties and assets being the subject of or impacted by this document (the last will).

Related documents Download Times when you might want to have one
Codicil DOCX, ODT, PDF You want to slightly modify your last will without writing a new document from scratch.
Self-proving affidavit DOCX, ODT, PDF You want to steer clear of possible complications in the probate court.
Living will DOCX, ODT, PDF You would like to indicate precisely what health care you expect if you can’t communicate that yourself.
Living trust DOCX, ODT, PDF You want to skip probate by placing your assets in a trust.
Published: Sep 16, 2020