Simple, Effective Ways to Plan Ahead
While no one can know exactly when their time will come, you can decide what happens when that day arrives.
Having a valid will is one of the best ways to plan ahead to ensure your wishes are honored regarding how your assets are distributed, so that your family doesn’t have to worry or wonder what to do.
However, a will has to comply with Louisiana’s numerous will laws and requirements in order to provide any benefit, which can be confusing and even overwhelming.
Camille Patti & Associates, Attorneys at Law, have outlined and explained everything you need to know when it comes to getting a legally acceptable will that honors your legacy.
Louisiana law is among the most specific in the country when it comes to the requirements for a notarial will. As a result, it is easy for non-professionals or people unfamiliar with Louisiana law to draft an unenforceable last will and testament.
If your will is found unenforceable due to even one mistake, then it will be invalidated and the rules for intestate succession will apply to you.
Knowing how easy it is to make a mistake, every Louisiana resident should at least consult with a licensed Louisiana attorney before attempting to draft a will on their own.
Common mistakes include:
Because the strict rules for wills in Louisiana can cause courts to declare improperly drafted wills invalid and unenforceable, having a will properly drafted under the guidance of an attorney is crucial to avoid problems and to ensure your wishes are fully honored.
The good news is that getting a valid Louisiana will doesn’t have to be complicated or expensive.
Our New Orleans will attorneys provide affordable legal guidance to get a legally-binding will while helping you avoid the pitfalls of the complex drafting process.
Also called a testament in Louisiana, a will ensures that your wishes are followed and your loved ones are protected.
Without a valid will, your estate will be distributed according to a complex series of Louisiana succession statutes, regardless of your personal wishes.
Fortunately, our attorneys provide affordable legal help with wills to Louisiana residents as needed. We’ll help you draft a simple notarial will that ensures their wishes are honored after their passing.
Our simple wills allow you to:
Having a simple notarial will also help avoid stressful situations for family members of the deceased by providing clear direction on who receives.
Let our will lawyers create an affordable, simple will for you to carry out your wishes.
Our attorneys are ready to help you understand what your options are to get the outcome you want.
Basically, Louisiana recognizes two types of wills: olographic, or handwritten, and notarial testaments. While they differ in a number of ways, both must meet strict Louisiana legal requirements.
Olographic Wills
The Louisiana Civil Code allows individuals to write their own wills by hand. This is only recommended in the most straightforward of estates. Olographic wills have to be entirely written, dated, and signed by the testator’s hand (the person making the will).
Since witnesses or a notary are not legally required for a handwritten will, many assume they can simply write their wishes down on paper to have a legally binding will.
However, the loose requirements of a handwritten will can prove to be a major disadvantage, since they often contain errors, are frequently contested, may be missing legal clauses, and can be harder to prove in court.
Notarial Wills
These more formal wills have specific legal requirements according to Louisiana Civil Code. After a major overhaul enacted in 2025, the requirements for a notarial will in Louisiana have become somewhat more relaxed, but are still more exacting than in most other states.
A notarial will is most often typed, although it only has to be “in writing,” and it must be signed by the testator in the presence of a notary and two competent witnesses. Certain people are excluded from serving as witnesses.
These rules are designed to prevent fraud and ensure the authenticity of the will, often requiring strict adherence to the law to be considered valid.
As a result, a notarial will is much more secure and difficult to challenge in court. It is also usually prepared by an attorney, which gives testators more peace of mind that they have a thorough and legally compliant document.
Let our New Orleans will attorneys guide the drafting of your will to ensure it is legally valid and enforceable.
When life changes, your will should too.
Fortunately, there are a number of ways to update or change a will in Louisiana.
Our will attorneys help you accomplish this by either creating a new will that revokes the old one or signing a codicil to make specific changes.
Create a New Will
Choosing to create a new will that expressly supersedes and revokes all other prior testaments is the safest method to update your legally-documented wishes after your death.
This is especially true with major developments in life, such as marriage, divorce, new children, or significant asset changes.
For example, even if your will says you’re leaving things to your ex-spouse, Louisiana law automatically cancels those bequests once you get divorced. However, you still need to decide who should get those things. Some people even choose to not redirect 100% of the assets away from their former spouse when they update their will.
But just as was the case with drafting an initial will, any changes you make revolve around how you want to distribute your assets according to your unique situation.
Draft a Codicil
A Louisiana will can also be changed or updated by means of a “codicil”, which is a separate legal document used to make minor updates to a will, such as changing an executor or updating a name.
In order for a codicil to be legally binding, it must be signed in front of a notary and two witnesses.
Revocation
While a will can also be changed by means of revocation (destroying it, such as by shredding it or burning it), this is not an advisable approach due to the potential negative repercussions or complications from destroying a legal document.
Wills are usually drafted in multiple originals; if you miss destroying one original, you’re potentially opening up your future succession to legal challenges to determine which version of your will is legally controlling.
So while having a more recent version potentially provides an affirmative defense against these challenges, it doesn’t provide the protection that expressly revoking all prior testaments confers.
If you’re ready to draft a legally-binding simple notarial will, let our will attorneys provide the affordable guidance you need.
Our will attorneys help you identify what you need to have a valid will without making the process too complicated.
For instance, you may or may not need an executor, depending on your estate: If an estate is under $125,000, an executor may not be needed. But depending on the type of property involved, even small estates can benefit from a judicially opened succession proceeding.
Any judicially-opened succession proceeding will require an executor/administrator. Administrators can be named in a will or if a will does not appoint an administrator, the court can appoint one of its choosing.
When drafting a will, it makes sense to think of one, or two, or three people who you trust to responsibly administer your estate according to your wishes.
Knowing all that’s involved, it’s a good idea to have a conversation with an executor first before appointing them to make sure they’re willing to take on the responsibility and work of administering your estate.
You also have the option when appointing an administrator to give them the authority to act as an independent administrator.
Without independent administration, your administrator will have to ask the court for permission before taking any discrete steps to administer your estate, which drastically increases the time and cost of administering the estate.
In contrast, independent administration drastically streamlines this process, giving your administrator judicial authority to do what needs to be done according to their timeline.
Requirements for a Louisiana Executor/Administrator
Choosing the right person to serve as administrator is critical for your wishes to be honored after your passing. Our New Orleans will lawyers are ready to help you understand each step of the executor process to ensure your estate is properly handled.
Every person is unique, and so is every estate. That’s why Camille Patti & Associates, Attorneys at Law, is ready to simplify and clarify even the most complicated will writing issues, often saving you money in the process.
If you have questions about wills, successions, powers of attorney, or any other estate planning in Louisiana, trust our attorneys to provide the guidance and legal help you need.
Our lawyers always take a personalized approach to preparing each client’s will. We listen carefully, advise thoughtfully, and create a plan tailored specifically to your estate and goals.
So when you choose Camille Patti & Associates, Attorneys at Law, you can expect clear explanations, thoughtful legal strategy, and ongoing support to ensure your estate wishes are honored.
Creating a will is one of the most meaningful steps you can take to guide what happens after your passing. Let our will attorneys make the process clear, efficient, and tailored to you.
If you’re ready to begin drafting a will or need help with other estate planning matters, call us at 504.321.3364 or use our contact form.
