Last Will and Testament with Minor Children

LAST WILL AND TESTAMENT

of

[________________________________]

(Louisiana Notarial Testament — La. Civ. Code arts. 1576-1580.1)

TABLE OF CONTENTS

1. Testator Declaration
2. Revocation of Prior Testaments
3. Family Declarations
4. Forced Heirship Compliance
5. Nomination of Tutor for Minor Children
6. Nomination of Alternate Tutor
7. Particular Legacies (Specific Bequests)
8. Trust for Minor Beneficiaries
9. Universal Legacy (Residuary Estate)
10. Appointment of Executor (Independent Administration)
11. Powers of Executor
12. Simultaneous Death / Survivorship
13. General Provisions
14. Execution — Notarial Testament
15. Attestation and Declaration

ARTICLE 1. TESTATOR DECLARATION

I, [________________________________] ("Testator"), domiciled in the Parish of [________________________________], State of Louisiana, declare that:

(a) I am at least sixteen (16) years of age (La. Civ. Code art. 1570);

(b) I am of sound mind and capable of making a valid testament;

(c) I am under no constraint, fraud, or undue influence; and

(d) I intend this instrument to constitute my Last Will and Testament, disposing of my property at death in accordance with the laws of the State of Louisiana.

ARTICLE 2. REVOCATION OF PRIOR TESTAMENTS

I hereby revoke all prior testaments and codicils heretofore made by me, and declare this instrument to be my Last Will and Testament.

ARTICLE 3. FAMILY DECLARATIONS

I am currently: ☐ Married ☐ Unmarried

Spouse (if applicable): [________________________________] ("Spouse")

Minor Children:

ARTICLE 4. FORCED HEIRSHIP COMPLIANCE

I acknowledge that I have the following forced heirs under La. Civ. Code art. 1493:

I direct that the forced portion required by law be set aside for the benefit of my forced heirs. All dispositions in this Will are subject to the rights of forced heirs.

ARTICLE 5. NOMINATION OF TUTOR FOR MINOR CHILDREN

Pursuant to La. Civ. Code arts. 246-262, in the event that I am the sole surviving parent or the other parent is unable or unwilling to serve as tutor, I nominate the following individual as Tutor of my minor child(ren):

Primary Tutor: [________________________________]

Address: [________________________________]

Relationship: [________________________________]

Telephone: [________________________________]

ARTICLE 6. NOMINATION OF ALTERNATE TUTOR

If the Primary Tutor named above is unable or unwilling to serve, I nominate the following individual as Alternate Tutor:

Alternate Tutor: [________________________________]

Address: [________________________________]

Relationship: [________________________________]

Telephone: [________________________________]

ARTICLE 7. PARTICULAR LEGACIES (SPECIFIC BEQUESTS)

I make the following particular legacies:

(a) I give [________________________________] to [________________________________].

(b) I give [________________________________] to [________________________________].

(c) I give [________________________________] to [________________________________].

If any legatee named in this Article predeceases me, the particular legacy to that legatee shall: ☐ Lapse ☐ Pass to [________________________________].

ARTICLE 8. TRUST FOR MINOR BENEFICIARIES

Section 8.1 — Creation of Trust

If any beneficiary under this Will is under the age of [____] years at the time of my death, I direct that such beneficiary's share be held in a separate trust (the "Minor's Trust") administered under the following terms:

Section 8.2 — Trustee

I appoint [________________________________] as Trustee. If the named Trustee is unable or unwilling to serve, I appoint [________________________________] as Successor Trustee.

Section 8.3 — Distributions

The Trustee may distribute income and principal for the beneficiary's health, education, maintenance, and support in accordance with the Louisiana Trust Code (La. R.S. § 9:1721 et seq.).

Section 8.4 — Termination

The trust shall terminate when the beneficiary reaches age [____], at which time all remaining trust property shall be distributed outright to the beneficiary. If the beneficiary dies before the trust terminates, the remaining property shall be distributed to [________________________________].

Section 8.5 — LUTMA Custodianship (Alternative)

As an alternative to the trust created above, I authorize my Executor to distribute any property passing to a minor beneficiary to a custodian under the Louisiana Uniform Transfers to Minors Act (La. R.S. § 9:751 et seq.). The custodianship shall terminate when the minor reaches age 18.

ARTICLE 9. UNIVERSAL LEGACY (RESIDUARY ESTATE)

Subject to the rights of forced heirs, I give all the rest, residue, and remainder of my estate — including my separate property and my share of community property — to:

☐ My Spouse, [________________________________], if my Spouse survives me by at least thirty (30) days.

☐ Equally among my surviving children, per stirpes.

☐ Other: [________________________________]

If none of the above legatees survives me, the residuary estate shall pass to [________________________________].

ARTICLE 10. APPOINTMENT OF EXECUTOR (INDEPENDENT ADMINISTRATION)

I appoint [________________________________] as Executor of this Will, with full seizin and authority to administer my succession independently and without court supervision to the fullest extent permitted by Louisiana law.

If the named Executor is unable or unwilling to serve, I appoint [________________________________] as Alternate Executor.

I request that my Executor be permitted to serve: ☐ Without bond ☐ With bond in such amount as the court may require.

ARTICLE 11. POWERS OF EXECUTOR

My Executor shall have, in addition to all powers conferred by Louisiana law, the following powers:

(a) To take possession of and administer all estate property;

(b) To sell, lease, exchange, or encumber estate property;

(c) To invest and reinvest estate funds;

(d) To compromise, settle, or abandon claims;

(e) To make distributions in cash or in kind;

(f) To employ attorneys, accountants, and other professionals; and

(g) To exercise all powers necessary for the prudent administration of my succession.

ARTICLE 12. SIMULTANEOUS DEATH / SURVIVORSHIP

If any beneficiary and I die under circumstances where the order of death cannot be determined, that beneficiary shall be deemed to have predeceased me. Any beneficiary must survive me by at least thirty (30) days to be entitled to receive any benefit under this Will.

ARTICLE 13. GENERAL PROVISIONS

(a) Severability. If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect, subject to forced heirship requirements.

(b) Governing Law. This Will shall be governed by and construed in accordance with the laws of the State of Louisiana.

(c) Community Property. This Will disposes only of my separate property and my undivided one-half interest in community property.

(d) Headings. Article and section headings are for convenience only and shall not affect interpretation.

ARTICLE 14. EXECUTION — NOTARIAL TESTAMENT

(Pursuant to La. Civ. Code arts. 1576-1580.1)

IN WITNESS WHEREOF, I, [________________________________], the Testator, in the presence of the undersigned Notary and the undersigned competent witnesses, do hereby declare that this instrument is my Last Will and Testament. I sign my name at the end of this testament and on each separate page thereof, on this [____] day of [________________], [________].

Testator Signature: ___________________________________________

Printed Name: [________________________________]

ARTICLE 15. ATTESTATION AND DECLARATION

In our presence the Testator has declared (or signified) that this instrument is the Testator's Last Will and Testament and has signed it at the end and on each other separate page. In the presence of the Testator and each other, we have hereunto subscribed our names this [____] day of [________________], [________].

Notary Public:

Signature: ___________________________________________

Printed Name: [________________________________]

Bar Roll / Notary Number: [________________________________]

Commission / Parish: [________________________________]

Witness 1:

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Witness 2:

Signature: ___________________________________________

Printed Name: [________________________________]

Address: [________________________________]

This template is provided for informational purposes only. It does not constitute legal advice. Louisiana has unique civil-law requirements including forced heirship and community property. Consult a Louisiana-licensed attorney before executing this document.