Simple Will - Louisiana

LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

[Effective Date: [DATE]]
State of Louisiana | Parish of [PARISH]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block (Notarial Testament – La. Civ. Code art. 1576)

1. DOCUMENT HEADER

1.1 Revocation of Prior Wills
I, [TESTATOR FULL LEGAL NAME], a resident of the State of Louisiana, Parish of [PARISH], being of sound mind and disposing memory, do hereby revoke all prior wills and codicils and declare this instrument to be my Last Will and Testament (“Will”).

1.2 Statement of Family Status

I am [marital status] and have the following children: [NAME(S)].
I have [no] children under the age of twenty-four (24) or who are permanently disabled within the meaning of La. Civ. Code art. 1493 (“Forced Heirs”). If I do have any Forced Heirs at my death, they shall receive the legal portion required by law, notwithstanding any contrary provision herein.

2. DEFINITIONS

“Beneficiary” means any person or entity entitled to receive a distribution under this Will.
“Estate” means all property, real and personal, movable and immovable, wherever situated, owned by me at death.
“Executor” means the personal representative appointed in Section 3.6.
“Forced Heir(s)” has the meaning set forth in La. Civ. Code art. 1493.
“Legitime” or “Forced Portion” means the portion of my Estate reserved by law for my Forced Heirs under La. Civ. Code arts. 1493–1495, which cannot be freely disposed of by this Will except as permitted by law.
“Residuary Estate” has the meaning set forth in Section 3.2.
“Tutor” means the person appointed under La. Civ. Code art. 257 (tutorship by will) to have legal custody of my minor children — the Louisiana civil-law equivalent of a “guardian” under the law of other states.
[Additional defined terms may be added as needed.]

3. OPERATIVE PROVISIONS

3.1 Specific Bequests
(a) Tangible Personal Property. I give my tangible personal property to [NAME or CLASS] as set forth on any memorandum found with this Will or, if none, per my Executor’s reasonable discretion.
(b) Monetary Gifts. I give $[AMOUNT] to [BENEFICIARY NAME], provided such Beneficiary survives me by thirty (30) days.

3.2 Residuary Estate
Subject to Section 3.3 (Community Property) and to the rights of any Forced Heirs described in Section 1.2, I give all the rest, residue, and remainder of my separate property, together with my undivided one-half interest in any community property (together, the “Residuary Estate”), to [PRIMARY RESIDUARY BENEFICIARY]. If [he/she/they] does not survive me, then to [ALTERNATE BENEFICIARY].

3.3 Community Property
If I am married under a community property regime at my death, this Will disposes only of (a) my separate property and (b) my undivided one-half interest in the community property existing between my spouse and me. La. Civ. Code art. 2336. My spouse's undivided one-half interest in the community property belongs to my spouse and is not affected by this Will.

3.4 Contingent Testamentary Trust for Minors

Any share passing to a Beneficiary under the age of eighteen (18) shall be held in trust, with [TRUSTEE] as trustee, until the Beneficiary attains age [AGE ≤ 24]. The Trustee shall have all powers under La. R.S. §9:1721 et seq. Placement of a Forced Heir's legitime in trust on these terms is permitted under La. R.S. § 9:1841 et seq., subject to the limitations of that Subpart (including the term of the trust as to the legitime).

3.5 Nomination of Tutor for Minor Children
If, at my death, I am survived by minor children for whom I have the right to name a tutor, I nominate [PRIMARY TUTOR NAME] to serve as Tutor of my minor children pursuant to La. Civ. Code art. 257 (tutorship by will). If [he/she/they] is unable or unwilling to serve, I nominate [ALTERNATE TUTOR NAME] as Alternate Tutor. This nomination governs custody and care of my minor children and is distinct from, and does not control, administration of the trust described in Section 3.4. Under Louisiana law, a surviving parent's natural tutorship takes priority over any tutor nominated in this Will for as long as that parent lives and is qualified and willing to serve. La. Civ. Code art. 250.

3.6 Appointment of Executor
I nominate [PRIMARY EXECUTOR] as Executor. If [he/she/they] is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR]. As the executor named in this testament, [PRIMARY EXECUTOR] is not required to furnish security (bond) except as required by this Will, or as a Forced Heir or surviving spouse in community may compel by petition under La. Code Civ. Proc. art. 3154, or as otherwise ordered by a court of competent jurisdiction. La. Code Civ. Proc. art. 3153. If security is required, the amount shall be determined under La. Code Civ. Proc. art. 3151.

3.7 Digital Assets
Louisiana has not adopted the Revised Uniform Fiduciary Access to Digital Assets Act or any comparable digital-assets statute. Accordingly, I grant my Executor general authority, as part of the administration of my Estate, to access, manage, transfer, or terminate my online accounts, electronic communications, and other digital assets to the same extent as any other property of my Estate, subject to (a) the applicable custodian's terms-of-service agreement, (b) any online tool through which I have separately designated a legacy contact or similar designee, and (c) any separate written instructions I leave regarding specific accounts.

3.8 Funeral & Burial Directions
[OPTIONAL] I request [cremation/burial] and that my remains be [disposed/scattered] as follows: [INSTRUCTIONS]. These wishes are precatory and not binding on my Executor.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity & Voluntariness
I represent that I am at least sixteen (16) years old (La. Civ. Code art. 1476) and able to comprehend generally the nature and consequences of this disposition (La. Civ. Code art. 1477), that I am of sound mind, and that I am acting voluntarily and without undue influence.

4.2 Title to Property
I warrant that, to the best of my knowledge, I have good title to the property comprising my Estate, subject only to liens and encumbrances of record.

4.3 Accuracy of Information
All information regarding my marital status, heirs, and beneficiaries is true and complete to the best of my knowledge.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation
All Beneficiaries covenant to execute any documents reasonably requested by the Executor to carry out this Will.

5.2 Spendthrift Protection
Except as otherwise provided by Louisiana law, no Beneficiary shall have the power to anticipate, assign, or encumber any interest in my Estate before actual distribution.

6. DEFAULT & REMEDIES

6.1 No-Contest (In Terrorem) Clause
If any Beneficiary directly or indirectly files an action to challenge this Will, any legacy under it, the succession proceeding relating to my Estate, or the administration of any trust created under this Will, that Beneficiary's legacy under this Will shall be forfeited and shall pass as though that Beneficiary had predeceased me — unless, at the time the action was instituted, a factual basis existed that would lead a reasonable person to conclude there was a substantial likelihood the action would succeed. La. Civ. Code art. 1519.1.

6.2 Limitation: Forced Heirs and the Legitime
Section 6.1 applies only to the disposable portion of my Estate and to Beneficiaries who are not Forced Heirs. No charge, condition, or burden — including the no-contest clause in Section 6.1 — may be imposed on a Forced Heir's legitime except as expressly authorized by law. La. Civ. Code art. 1496. A Forced Heir's assertion of a claim to the legitime, or a good-faith request for an accounting, removal of a fiduciary, or interpretation of this Will, is not a "contest" within the meaning of Section 6.1.

6.3 Disinherison Distinguished
This Will does not, merely by including Section 6.1, disinherit any Forced Heir. A Forced Heir may be deprived of the legitime only by an express statement identifying the Forced Heir by name and stating one of the causes enumerated in La. Civ. Code art. 1621, and only if that cause existed before this Will was executed. La. Civ. Code art. 1619. [OPTIONAL — complete only if disinheriting a named Forced Heir for just cause:] I expressly disinherit [NAME] for the following cause recognized under La. Civ. Code art. 1621: [STATE ENUMERATED CAUSE].

7. RISK ALLOCATION

7.1 Executor Indemnification
The Executor (including any Successor Executor) shall be indemnified out of the Estate against all claims, liabilities, and expenses reasonably incurred in the good-faith administration of the Estate, except for losses resulting from the Executor’s intentional misconduct or gross negligence.

7.2 Limitation of Liability
All liabilities of the Estate, including indemnification under Section 7.1, shall be payable solely from Estate assets. No Beneficiary shall have personal liability for Estate obligations.

7.3 Force Majeure
Neither the Executor nor any Trustee shall be liable for delay or failure to act caused by events beyond reasonable control, including acts of God, war, or governmental action.

8. DISPUTE RESOLUTION

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

8.2 Forum Selection
Any action to probate or contest this Will shall be filed exclusively in the [PARISH] District Court, Probate/Succession Division, or such other court as then has jurisdiction over successions.

8.3 Jury Waiver
Succession and probate proceedings in Louisiana are tried by the court, not a jury; no jury waiver is required or applicable to the probate of this Will or the administration of my succession.

8.4 Injunctive Relief
The Executor may seek injunctive or other equitable relief to enforce the no-contest clause or protect Estate assets without posting bond.

9. GENERAL PROVISIONS

9.1 Severability
If any provision of this Will is determined invalid under applicable law, the remaining provisions shall remain in full force as if the invalid provision had not been included.

9.2 Headings
Section headings are for convenience only and shall not affect interpretation.

9.3 Integration
This Will constitutes my entire testamentary intent and supersedes all prior wills and codicils.

9.4 Amendments
I reserve the right to amend or revoke this Will in any manner permitted by Louisiana law; this right of revocation may not be renounced. La. Civ. Code arts. 1606–1610.1.

10. EXECUTION BLOCK

(Notarial Testament pursuant to La. Civ. Code art. 1576, as amended by Acts 2025, No. 30, eff. August 1, 2025)

IN TESTIMONY WHEREOF, I, [TESTATOR NAME], declare that this instrument is my Last Will and Testament, and I sign my name on this and every other separate page of this Will, before a Notary Public and two competent witnesses, all of whom sign below in my presence and in the presence of each other, on this [DAY] day of [MONTH, YEAR], at [CITY], Parish of [PARISH], Louisiana.

_______________________________
[TESTATOR NAME], Testator

WITNESSES:

1. _______________________________
   [WITNESS #1 NAME], witness

2. _______________________________
   [WITNESS #2 NAME], witness

NOTARY PUBLIC:
_______________________________
[NOTARY NAME], Notary Public
Notary I.D./Bar Roll No.: [NUMBER]
My commission is issued for life / expires: [DATE]

[SEAL]

SELF-PROVING DECLARATION

In our presence the testator has declared or signified that this instrument is his/her testament and has signed each separate page.

_______________________________
[NOTARY NAME], Notary Public

_______________________________ _______________________________
[WITNESS #1] [WITNESS #2]

Date: [__/__/____]