Wills

A last will or testament is a legal paper. It explains how someone wants their property to go after they die. It may also include information about how minor children get taken care of. The person who writes the will is the testator. Here are the main parts of a last will:

• Beneficiaries: Names the people who will get the testator's property and assets.

• Executor: The executor is the person who manages the estate after the testator's death. They follow the testator's wishes and handle the probate process.

• Guardianship of Minor Children: Chooses guardians for any minor children.

• Trusts: Sets up trusts for minor children, special needs dependents, or other beneficiaries. If you need more information about trusts, see Finding and Hiring a Lawyer.

• Specific "Bequests": Lists any particular items or money to go to certain people. It may also go to an organization.

A last will and testament is important for everyone, no matter how much or little you own. Here are some key reasons why you should have one:

• Clear Intentions and Instructions

  • Specify Your Wishes: A will lets you state how you want your things distributed after you die. This helps make sure your belongings go to the people or groups you choose.

  • Avoid Family Disputes: When you state your wishes, you can avoid misunderstandings. Your family will know how you want your things distributed.

• Protect Your Loved Ones

  • Name Guardians for Minor Children: A will lets you choose how to take care of your minor children if you die. This is important if you have specific plans for their care.

  • Establish Trusts for Dependents: A will can help you set up trusts to manage assets. This is often helpful for minors, special needs dependents, or others who need help. It's helpful to talk to a lawyer if you're setting up a trust. For more information, see Finding and Hiring a Lawyer. 

• Efficient Estate Administration

  • Appoint an Executor: A will lets you name someone to carry out your wishes and manage your estate. The executor will handle the probate process. This includes paying debts or distributing assets.

  • Simplify the Legal Process: A will makes the probate process easier and quicker. It can reduce time, stress, and lower legal costs.

• Protect Your Assets

  • Avoid Intestate Succession: If you don't have a will, state laws come into effect. State laws will decide how your estate gets divided. This may not be what you want.

  • Reduce Estate Taxes: For larger estates, a will can help reduce estate taxes.

Including these essential elements helps ensure your will is clear and enforceable under law. A will should include these standard elements:

1. Include your full name, address

2. A statement that you are of sound mind and not under any pressure to make the will.

3. A statement that cancels any previous wills you may have made.

4. Name a person (executor) who will carry out the instructions in your will.

5. List the people or organizations who will inherit your property and assets.

6. Detail how you want your property, money, and belongings to get divided.

7. If you have minor children, name the person(s) you want to take care of them.

8. Specify any particular items or sums of money you want to give to certain individuals. It can also be an organization.

9. Name any property not mentioned in the will, ensuring it goes to a designated person or people. This is called a residuary clause.

10. If needed, set up trusts for beneficiaries. This may include minor children or special needs dependents, to manage their inheritance.

11. Include your signature, the date, and the signatures of witnesses who saw you sign the will.

Testate Succession

Testate succession happens when someone dies and leaves a valid will. In this case:

• The will names an executor

• The executor manages and distributes the estate according to the deceased person's wishes

• The executor receives a small part of the estate as payment for their work.

Intestate Succession

Intestate succession occurs when someone dies without a valid will. When this happens:

• The law decides how the estate gets managed

• The law divides the property among the deceased person's relatives (heirs)

For more information, visit Dying Without A Will - Intestate Succession.

Your estate gets distributed according to Louisiana law if you die without a will. These laws decide who gets your property based on your family relationships. This starts, with your children and spouse, then extends to other relatives. This process is “intestate succession.” Here are the key points:

1. Children Inherit First: If you have children, they are the primary heirs of your estate.

2. Spouse’s Usufruct:

   • Your surviving spouse may have a usufruct.

   • A usufruct means your spouse has the right to use and enjoy certain parts of your estate.

   • For example, a spouse may live in the home until the spouse dies.

3. Extended Family:

   • If you have no spouse or children, your property goes to your extended family members.

   • This starts with your parents and siblings and then moves to more distant relatives.

   • State Inheritance: If no heirs can be found, the state inherits your property.

For more information, see Dying Without A Will - Intestate Succession. 

There are two main types of wills recognized by Louisiana law. This includes notarial wills and olographic wills. Each type of will must meet specific requirements to be valid. If the requirements are not met, the will may be invalid. This means the estate would get handled through intestate succession.

Notarial Will

A notarial will is the most formal type of will in Louisiana and involves several steps:

1. Preparation: The will is usually typed or printed.

2. Execution: The testator (the person making the will) must sign the will. This must be in the presence of a notary public and two competent witnesses.

3. Witnesses: Two witnesses must also sign the will. This confirms the testator signed it out of their own will and with a sound mind.

4. Notarization: The notary public verifies the signatures. This ensures that all legal formalities get followed.

Olographic (Handwritten) Will

An olographic will is handwritten by the testator. It must meet the following requirements:

1. Handwriting: The entire will must get written by the testator's hand.

2. Date: The will must get dated by the testator on each page.

3. Signature: The testator must sign the will on each page.

4. Legibility: The handwriting must be legible, and the intent must be clear.

5. No Witnesses Required: Witnesses are not required for an olographic will to be valid.

The legal requirements depend on the type of will:

Notarial Will:

• Requirements:

  • Must get signed by the testator (the person making the will), a notary, and two witnesses

• Process:

  • The will is usually typed or printed.

  • The testator signs the will in front of the notary and the two witnesses.

  • The witnesses also sign. They confirm the testator signed willingly and of sound mind.

  • The notary verifies the signatures and ensures all legal formalities get followed.

  • Learn more about finding a notary in the state of Louisiana.

Olographic Will:

• Requirements:
  • Handwritten by the testator.
  • Dated and signed by the testator on each page.
  • No witnesses or notary are required.
• Legibility: The handwriting must be clear. The testator's intent must be easy to understand.

Ensuring a Valid Will

• Understanding Forms: Knowing the differences between notarial and olographic wills is important.
• Consulting an Attorney: Find an attorney who specializes in estate planning. For more information, see Finding and Hiring a Lawyer.

Importance of Compliance

• Legal Requirements: A will must meet specific legal requirements. If these requirements aren’t met, the will can be invalid.
• Consequences of Invalidity: An invalid will gets distributed according to Louisiana's intestacy laws. For more information, see Dying Without A Will - Intestate Succession. 

Whether you need a notary to create a valid will in Louisiana depends on the type of will you are creating. Louisiana recognizes two primary forms of wills: notarial wills and olographic wills. The requirements for each type of will are different because one requires a notary.

• Notarial Will: Requires a notary and two witnesses.

• Olographic Will: This does not need a notary or witnesses. It must be handwritten, dated, and signed on each page by the testator.

A notary is not required but provides more legal safeguards.

Learn more about finding a notary in the state of Louisiana.

While you don’t have to have an attorney to make a will in Louisiana, getting legal help can be very beneficial. Here are some reasons why:

1. Expert Advice on State-Specific Laws:
   • Louisiana has unique laws, like forced heirship, that can affect your estate plan.
   • An attorney can ensure your will complies with all legal requirements.
2. Handling Complex Situations:
   • If you have a complex estate such as:
     • Blended family,
     • significant assets, or
     • special circumstances (like children with special needs),
   • An attorney can help create a sophisticated estate plan that addresses these complexities.

3. Reducing Ambiguities:

   • An attorney can draft a clear and precise will. This reduces the risk of ambiguities that could lead to disputes among your heirs.

4. Avoiding Common Mistakes:

   • Legal professionals can help you avoid common mistakes. These mistakes could render your will invalid or lead to unintended consequences.

5. Keeping Your Will Updated:

   • An attorney can assist with updating your will as your circumstances change. This ensures your estate plan stays current and valid.

For more information, see Finding and Hiring a Lawyer. 

Creating a will is an important step in estate planning, and there are several resources available for low-income individuals in Louisiana to obtain assistance with this process. Here are some options:

• Use our Referral Navigator to find which free or reduced-cost legal service programs you might qualify for. Typically, free legal assistance is for those who qualify - typically at or below 125% of the Federal Poverty Guidelines. 
• Southeast Louisiana Legal Services (SLLS): Provides free legal aid to low-income individuals in Southeast Louisiana.
• Acadiana Legal Service Corporation (ALSC): Offers free legal assistance to those in need in the Acadiana region.
• If you don't qualify for free legal services you may qualify for the Modest Means Directory. Attorneys listed in the directory have affirmed that they charge reduced rates to eligible clients or charge less because they represent someone for just part, and not all, of a case. 
• You may be able to submit a question and get legal advice online through the Louisiana Free Legal Answers program. 
• The Louisiana State Bar Association offers a Lawyer Referral Service, which can connect you with attorneys who practice in estates and wills. While these services may not be free, you can often get a consultation at a reduced rate. You can also call at 1-800-421-LSBA (5722).