Louisiana's Requirements to Create a Valid Will

Louisiana has a unique legal system in the U.S. because it's based on civil law rather than common law, drawing from its French and Spanish roots. As of the last update in September 2021, here are the general requirements for creating a valid will (or "testament" as it's often referred to in Louisiana) in the state:

1. **Age and Capacity**: The testator (person making the will) must be of sound mind and, unless emancipated by marriage or judicial judgment, must be at least 18 years old.

2. **Writing**: The will must be in writing.

3. **Olographic Testament**: This is a handwritten will. It must be entirely written, dated, and signed in the handwriting of the testator. It does not need to be witnessed or notarized.

4. **Notarial Testament**: This is a more formal type of will. It can be typewritten or handwritten and must meet the following requirements:

- It must be signed on each page and at the end by the testator.

- It must be signed in the presence of a notary and two competent witnesses.

- The testament must be declared or acknowledged by the testator to the notary, in the presence of the witnesses, to be his testament.

5. **Witnesses for Notarial Testament**: The two witnesses must be competent adults who are not beneficiaries under the will.

6. **Revoking or Changing the Will**: A will or any part of it can be revoked by the testator at any time before their death. This can be done by creating a new will, creating a codicil (an amendment to the will), or by physically destroying the will with the intent to revoke.

7. **Property Disposition**: While not a requirement for a valid will, it's essential to be clear about how you want your property distributed. Louisiana has "forced heirship" laws, which means that a certain portion of your estate may be reserved for your descendants who are 23 years old or younger, or descendants of any age who are permanently incapable of taking care of themselves due to mental incapacity or physical infirmity. This can limit your ability to fully disinherit certain heirs.

8. **Digital Assets**: It's a good idea to consider digital assets when creating a will. While specific provisions might not be outlined in the basic requirements for a will, addressing digital assets and providing clear instructions on how they should be handled can be crucial.

It's crucial to consult with an attorney familiar with Louisiana's estate planning laws when creating a will. This ensures that your wishes are accurately and legally documented and that your assets are distributed according to your intentions. Louisiana's laws, especially regarding inheritance, can be complex, so always check for the most up-to-date information or consult with a legal professional.