LAST WILL AND TESTAMENT
of
[TESTATOR FULL LEGAL NAME]
[Effective Date: [DATE]]
State of Louisiana | Parish of [PARISH]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block (Notarial Testament – La. Civ. Code art. 1577)
[// GUIDANCE: This template is drafted as a notarial testament under Louisiana Civil Code art. 1577. All pages must be initialed and the instrument must be signed by the Testator, two competent witnesses, and a Notary Public in one continuous act, in each other’s presence.]
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
[// GUIDANCE: Insert brief family description for forced heirship analysis.]
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 3.5.
“Forced Heir(s)” has the meaning set forth in La. Civ. Code art. 1493.
“Residuary Estate” has the meaning set forth in Section 3.4.
[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
I give all the rest, residue, and remainder of my Estate (“Residuary Estate”) to [PRIMARY RESIDUARY BENEFICIARY]. If [he/she/they] does not survive me, then to [ALTERNATE BENEFICIARY].
3.3 Contingent Testamentary Trust for Minors
[// GUIDANCE: Delete if not applicable.]
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.
3.4 Appointment of Executor
I nominate [PRIMARY EXECUTOR] as Executor. If [he/she/they] is unable or unwilling to serve, I nominate [ALTERNATE EXECUTOR]. The Executor shall serve without bond except as required by La. Code Civ. Proc. art. 3151 or ordered by a court of competent jurisdiction.
3.5 Digital Assets
My Executor shall have the authority granted under the Louisiana Revised Statutes on the Fiduciary Access to Digital Assets Act, La. R.S. § 9:3851 et seq., to access, manage, and distribute my digital assets.
3.6 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 eighteen (18) years old, of sound mind, and 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 contests this Will or any devise herein, such Beneficiary shall forfeit his or her entire interest, which shall pass as if that Beneficiary had predeceased me, unless such contest is made in good faith and with probable cause that this Will is invalid.
6.2 Disinheritance for Contest
A contesting Beneficiary shall be deemed expressly disinherited within the meaning of La. Civ. Code art. 1610.
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
[// GUIDANCE: Louisiana succession proceedings are tried to the court; a jury waiver is therefore unnecessary and intentionally omitted.]
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.
10. EXECUTION BLOCK
(Notarial Testament pursuant to La. Civ. Code art. 1577)
[// GUIDANCE: The following attestation clause tracks the statutory language of art. 1577 and 1582.1. Do not alter language except to fill in blanks.]
IN TESTIMONY WHEREOF, I, [TESTATOR NAME], have hereunto signed my name at the end of this Will on each page, in the presence of the undersigned competent witnesses and Notary Public, all of whom have signed 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
-
[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]
OPTIONAL SELF-PROVING AFFIDAVIT
[// GUIDANCE: While a notarial testament is self-proving under Louisiana law, practitioners often add this affidavit to streamline probate outside Louisiana or to eliminate any question of form.]
STATE OF LOUISIANA
PARISH OF [PARISH]
BEFORE ME, the undersigned authority, personally appeared the Testator and the above-named Witnesses, who, being duly sworn, deposed and said that the Testator executed the foregoing instrument as his/her Will and that each Witness, in the presence of the Testator and each other, signed the Will as witness.
[TESTATOR]
____ ____
[WITNESS #1] [WITNESS #2]
SWORN TO AND SUBSCRIBED before me this ___ day of ____, 20__.
[NOTARY NAME], Notary Public
Notary I.D./Bar Roll No.: [NUMBER]
[SEAL]
[// GUIDANCE: Review all placeholders, especially those affecting forced-heirship rights, bond waiver language, and Executor powers, to ensure compliance with current Louisiana statutory requirements and client objectives.]