Louisiana

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

C.C. Art. 1476, 1575, 1577, 1578, 1579, 1581

Operative Facts

1. May be created by any adult
2. must be a written declaration
3. document must be signed by declarant
4. signature must be made in presence of 2 adult witnesses
5. oral or nonverbal declaration may be made in presence of 2 adult witnesses by any nonwritten means of communication at any time subsequent to the diagnosis of a terminal and irreversible condition (sample form §1299.58.3(c))

Age of Testator

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).

Number of Witnesses Required

Signed in presence of notary and two competent witnesses.