4.2.1 Introduction

A will is the voice of the testator—the deceased. It determines the disposition of the testator’s property at death. If a person makes a will, the succession will be testate. Only one person may execute a testament in the same instrument.1

Prior to 1999 there were seven different types of wills. In 1999, the Louisiana Legislature narrowed the list to only two: olographic and notarial testaments.2  Wills drafted before 1998 that were valid under those rules, remain still valid.3  A will executed in another state and valid under that state’s law will be recognized by Louisiana if the will was in writing and subscribed by the testator.4

The two kinds of wills have specific formal requirements. Failure to adhere to these formalities  may invalidate the will, causing the succession to go intestate. If an invalid will has been probated, a petition to annul the testament may be filed.5

• 1La. C.C. art. 1571.
• 2La. C.C. art. 1574.
• 3La. R.S. 9:2440.
• 4La. R.S. 9:2401.
• 5La. C.C.P. art. 2931.