Louisiana law gives residents three ways to change course on a will: draft one for the first time, amend an existing one, or revoke it entirely. Each path has its own formal requirements, and skipping even one can leave a family with no valid plan at all. Oak Grove Estate Planning in Lafayette is Louisiana's only law firm dedicated exclusively to estate planning, and founder Andrew Mims has spent nearly 15 years helping Louisiana families through exactly these decisions.
Anyone searching for a Louisiana estate planning attorney to draft, amend, or revoke a will is usually facing one of three moments: a first will, a life change that calls for an update, or a plan that no longer fits and needs to go. This guide walks through the formal steps Louisiana law requires for each.
Before diving into the steps, it helps to know the three core actions covered here:
- Creating a will that meets Louisiana's formal requirements from the start
- Updating an existing will through a codicil or a full rewrite
- Revoking a will entirely, whether to start fresh or because it's no longer needed
Each of these carries legal consequences that DIY templates rarely account for, which is why Louisiana estate planning attorneys build these documents with the state's civil law framework in mind.
Step-by-Step: How to Make a Legally Valid Will in Louisiana
Making a valid will in Louisiana starts with choosing a will type, then drafting and executing the document according to that type's formal rules. Louisiana recognizes only two forms of testament, and the state's civil law tradition means the requirements differ sharply from what residents of common law states may expect.
The general process looks like this: select notarial or olographic form, draft the terms of the will, then execute it correctly. A notarial will requires a notary and two witnesses. An olographic will requires nothing but the testator's own handwriting, a date, and a signature. Choosing wrong, or executing sloppily, is one of the fastest ways to create a will that a Louisiana court later finds invalid.
Choosing Between a Notarial and Olographic Will
A notarial will is typed, signed before a notary and two witnesses, and identified by the testator as their testament, which makes it the more common choice for anything beyond a simple estate. An olographic will is entirely handwritten, dated, and signed by the testator with no witnesses required, which can feel simpler but leaves more room for a later challenge if a word is unclear or a date is missing.
Families with straightforward wishes sometimes lean toward an olographic will because it can be written at a kitchen table with no appointment needed. But the moment an estate involves a blended family, a business, or significant assets, the added formality of a notarial will becomes worth the extra step. A notarial will no longer requires an attestation clause to be valid, but including one still makes the will self-proving, which can spare the family a probate hearing later. Andrew Mims and the attorneys at Oak Grove Estate Planning typically recommend a notarial will for most Louisiana families for exactly this reason.
For a fuller comparison of the two, visit Notarial vs. Olographic Wills in Louisiana: Requirements, Differences & Which to Choose.
Meeting the Age and Capacity Requirements
Louisiana requires a testator to be at least 16 years old and of sound mind to execute a valid will. According to the Louisiana Legal Services and Pro Bono Desk Manual from Loyola University New Orleans College of Law, a minor under 16 cannot make a donation mortis causa, while a minor who has attained the age of 16 gains that capacity. Every testator must also be able to comprehend the nature and consequences of the disposition being made.
Capacity is measured at the exact moment the will is signed, not before or after. Anyone challenging a testator's capacity later carries a high evidentiary burden, which is one more reason careful documentation at signing matters.
How Long Does It Take to Draft and Sign a Will?
Most straightforward wills move from initial consultation to signed document within two to four weeks when working with an experienced Louisiana estate planning attorney. That window covers an initial meeting, drafting time, a review period, and a formal execution appointment with a notary and witnesses.
Several factors can stretch that timeline considerably. Blended families often need extra time to work through guardianship and inheritance decisions involving stepchildren or prior marriages. Business owners may need succession provisions layered into the plan. Anyone incorporating trusts alongside the will should expect additional drafting and review cycles before everything is ready to execute.
Oak Grove Estate Planning structures its process in defined stages, from the complimentary consultation through final execution, so clients know what to expect at each point. Complex estates simply take longer to get right, and rushing the process is rarely worth the risk of a document that doesn't hold up later.
How to Update Your Will With a Codicil
A codicil is a short amendment used when a testator wants to change specific provisions in an existing will without rewriting the entire document. It works well for smaller changes, such as swapping an executor or adjusting a single bequest, but it isn't the right tool for a major overhaul.
Louisiana law does not treat a codicil as a casual note. A codicil amending a notarial will must meet the same formalities required of the original testament, including a signature, a date, and execution before a notary and two competent witnesses under Civil Code Article 1576, which requires a notarial testament to be prepared in writing, dated, executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary. A codicil to an olographic will must instead be entirely handwritten, dated, and signed by the testator.
When the changes go beyond a provision or two, most Louisiana estate planning attorneys recommend drafting an entirely new will rather than stacking codicils. Multiple codicils increase the odds of conflicting language, and a court left to reconcile them may not land on what the testator actually wanted.
Testators sometimes assume a handwritten note pinned to the original will counts as a valid update. It doesn't, unless that note independently satisfies the olographic formalities of being entirely handwritten, dated, and signed. Working with the estate planning attorneys at Oak Grove Estate Planning ensures a codicil is drafted and executed correctly the first time.
How to Fully Revoke a Louisiana Will
Revoking a Louisiana will requires one of three legally recognized methods, and an informal gesture like tearing a corner off a page or writing "void" in the margin generally won't hold up on its own. The testator must either destroy the document, formally declare its revocation, or execute a new will that supersedes it. Someone who simply stops thinking of an old will as valid, without taking one of these formal steps, may be surprised to learn a court still enforces it.
Physical Destruction, Written Revocation, or a New Will
Under Civil Code Article 1607, revocation of an entire testament occurs when the testator physically destroys the testament or has it destroyed at his direction. The other two paths carry their own formality requirements:
- Physical destruction: The testator destroys the will, or directs someone else to destroy it, with the intent to revoke it.
- Written revocation: The testator identifies and clearly revokes the testament through a writing entirely handwritten and signed by the testator, or through a declaration made in one of the forms prescribed for testaments.
- A new will: The testator executes a subsequent will that formally revokes all prior wills, following the same notarial or olographic formalities required of any valid testament.
Because Louisiana courts hold revocations to the same strict scrutiny as the wills themselves, an ambiguous or incomplete attempt at revocation can leave an old will technically in force. Working with a Louisiana estate planning attorney to document the revocation properly closes that gap.
Life Events That Should Trigger a Will Update
A will that fit a family's circumstances five years ago may no longer reflect reality today. Certain life events almost always call for a review, even if nothing else about the estate plan has changed:
- Marriage: A new spouse may need to be added as a beneficiary or named executor.
- Divorce: An ex-spouse should typically be removed from all designated roles and benefits.
- Birth of a child: Guardianship provisions and beneficiary designations need updating.
- New assets: A new home, business interest, or inheritance may call for additional planning tools.
- Moving states: Relocating out of Louisiana, or into it, can change which formalities apply to an existing will.
Most of these events don't automatically change a will's terms, and marriage, a new child, or a new asset generally requires a formal update before the plan reflects the change. Divorce is the exception. Under Civil Code Article 1608, any legacy or testamentary designation naming a spouse, such as an appointment as executor or trustee, is automatically revoked once the divorce is final, unless the testator states otherwise in the will. The rest of the document stays in force exactly as written, which is precisely why the remaining provisions still deserve a formal review after a divorce, even though the ex-spouse's designation has already fallen away.
Oak Grove Estate Planning builds ongoing check-ins into its client relationships specifically because life rarely holds still. Clients receive complimentary reviews every three years and unlimited access to their attorney between those check-ins, so a Louisiana will stays current instead of quietly falling out of date.
Start the Process With Oak Grove Estate Planning
Whether the goal is drafting a first will, amending one with a codicil, or revoking an outdated plan entirely, Louisiana's formal requirements leave little room for guesswork. Andrew Mims and the team at Oak Grove Estate Planning in Lafayette have guided families across Louisiana through each of these steps for nearly 15 years, and the firm remains the only one in the state focused exclusively on estate planning. Contact Oak Grove Estate Planning to schedule a complimentary consultation and get a will in place that actually holds up.
