Legal Question in Wills and Trusts in Louisiana

Simplicity of a Will

Would this holographic will be legal and binding in the state of Louisiana? If so, how simple it would be!

A single,fory year old person dies in the state of Texas, has no spouse, no children . Only family remaining in Louisiana are: one parent, one sibling, and nephews. He leaves behind a holographic will made in Louisiana in 1980s stating:Here goes:

Date____

Being of sound mind and body, I do hereby declare this to by my last will and testament. I hereby will all my worldy possessions to my loving nephews____,_____,____.

Executer of this will shall be my sibling______.

Signed____

Asked on 5/17/03, 10:20 am

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor
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Re: Simplicity of a Will

Dear LawGuru Friend:

An holographic will is legal in Louisiana; and if it was properly executed in Louisiana, it should be sufficient to convey one's estate, even in Texas, to the legatees named in the Louisiana olographic will. The only requirements for an olographic will in Louisiana are that it must be "entirely written, dated and signed by the hand of the testator." Of course, it must purport to be a will; that is, it must be clear from from the hand-written document itself that the testator intended it to be his last will and testament. Of course, holographic means handwritten. Typing it on a typewriter and then signing and dating is not necessarily sufficient to contitute a valid will in Louisiana, even having it Notarized. A typewritten will must comply with certain other requirements of form. Of course, you did not ask about that; I just threw it in for general information. I notice that in the form you included in your question you did not include the date the holographic will was executed. I assume the date was included in the original will. If not, it is not a valid holographic will. If you have any more questions that I can help you with, feel free to contact me at hmparkerson@bigfoot.com.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Read more
5/17/03, 1:36 pm

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