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Testaments

Lighthouse Notary Services - Notarial Services - Testaments

Testament (Last Will and Testament)

NOTE: Louisiana has very strict requirements for the compilation of a Notarial Testament. It can be very dangerous to rely on a "Last Will and Testament" form from the Internet, out-of-state companies, or from your local office supply store. Failure to get the form right will invalidate to document or worse, cause litigation concerning the document. Because of Louisiana's Civil Law heritage, most generic forms do not take account for Louisiana's rules.

Laws controlling how property is divided after someone dies are refereed to succession laws, and in Louisiana they are very strict. There are two situations: one where the deceased has a will (testament) and one where the deceased does not. Should the deceased have a testament the succession is considered testate, with the deceased being called the testator and the successors of the testator being called legatees. Should the situation be the opposite, without a testament, then the succession is called intestate and the successors to the deceased person’s estate are called heirs.

Prior to July 1, 1999, Louisiana had five types of testaments. Legislature reduced it to two: the Notarial Testament and the Olographic Testament (called a holographic testament in other states).

Notarial Testament

A Notarial Testament is one that is drafted by the Notary based on the instruction of the testator. The wording used is specific to the mental and physical condition of the testator. From there, the design of the testament must meet the requirements of law. Lastly, it is signed by the testator in the presence of two witnesses and the Notary.

Olographic Testament

An Olographic Testament is a testament that is entirely handwritten, signed and dated by the testator. This document MUST clearly show that it is the testator's intent to be a Last Will and Testament. As such it should be clear and precise and it's wording and its terms still can not violate law.

About Us

Lighthouse Notary Services provides mobile notary services in the Greater New Orleans area, North shore and River Parishes. Lighthouse Notary Services can draft and execute many different types of legal instruments, many having immediate legal effect.

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  • 7809 Airline Drive, Suite 201, Metairie, LA 70003 Address
  • Phone: 504.298.DOCS Phone
  • Fax: 504.298.3627 Fax
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