Notarial vs. Olographic Wills in Louisiana: Requirements, Differences & Which to Choose

Louisiana recognizes two valid types of wills: the notarial testament and the olographic testament. A notarial will is typed, signed before a notary and two witnesses, and follows a formal attestation process. An olographic will is entirely handwritten, dated, and signed by the testator, with no witnesses or notary required. Both are legally binding when executed correctly, but they carry different risks, different probate experiences, and different levels of protection against a will contest.

Oak Grove Estate Planning is Louisiana's only law firm dedicated exclusively to estate planning. Founder Andrew Mims has spent nearly 15 years helping Louisiana families choose the right will structure, draft it correctly, and keep it current as life changes. This guide walks through how to make a valid will in Louisiana, how each will type holds up, and how to update or revoke a will once it's in place.

Step-by-Step: How to Make a Legally Valid Will in Louisiana

Creating a valid Louisiana will involves three stages: selecting the right will type, drafting the document, and executing it according to the state's formal requirements. Skipping or misapplying any one of these steps can render the entire will invalid.

At a high level, the process looks like this:

Decide between a notarial or olographic testament based on your goals and risk tolerance
Draft the document to reflect your wishes for beneficiaries, executors, and guardianship if applicable
Confirm the testator meets the age and mental capacity requirements
Execute the will according to the formalities required for that will type
Store the original safely and let your attorney or a trusted party know where to find it

A will drafted without attention to these formalities is vulnerable to challenge. Louisiana courts have invalidated wills over missing signatures, unclear dates, and defective attestation clauses, so precision at every stage matters.

Choosing Between a Notarial and Olographic Will

Most Louisiana families are better served by a notarial will. It requires a notary and two witnesses at signing, which creates a built-in layer of proof that the testator acted freely and with the required capacity. A olographic will can work for simple, low-conflict estates, but any typed text in the body voids it, and proving the handwriting in probate takes extra time and cost.

The right choice depends on the complexity of the estate, the likelihood of a family dispute, and whether the testator wants documents like trusts or powers of attorney prepared alongside the will. The attorneys at Oak Grove Estate Planning walk clients through this decision during the initial consultation, then draft accordingly. Learn more about the firm's approach on the wills page.

Meeting the Age and Capacity Requirements

A testator must be at least 16 years old to make a Louisiana will, with a narrow exception allowing donations in favor of a spouse or children before that age, according to Louisiana Civil Code Article 1476. The testator must also be able to comprehend generally the nature and consequences of the disposition being made, a standard set out in Louisiana Civil Code Article 1477.

Capacity is evaluated at the moment of signing, not before or after. This is one reason Oak Grove's attorneys meet directly with clients rather than relying on a generic intake form. A face-to-face conversation catches capacity concerns early, before they can undermine a will years later.

How Long Does It Take to Draft and Sign a Will?

Most straightforward Louisiana wills can be drafted and executed within two to four weeks of the initial consultation. That timeline covers gathering information about assets and beneficiaries, drafting the documents, reviewing them with the client, and scheduling the formal signing with a notary and witnesses.

Several factors extend that window. Estates involving trusts, blended families with competing interests, or a closely held business typically take longer because each of those situations requires additional drafting, more client conversations, and sometimes coordination with a financial advisor or accountant. A client updating an existing plan for the first time in years may also need extra time to review what has changed since the original documents were signed.

Andrew Mims and the Oak Grove team built a six-step process, from complimentary consultation through ongoing maintenance, specifically to keep this timeline predictable while still giving each estate the attention it needs. Clients who need a plan finalized quickly, such as before travel or a medical procedure, should say so at the consultation so the firm can prioritize accordingly.

How to Update Your Will With a Codicil

A codicil is a short, separate document that amends a specific part of an existing will, such as changing an executor or adjusting a bequest, without rewriting the entire testament. It works best for a single, isolated change to a will that otherwise still reflects the testator's wishes.

Louisiana law does not treat a codicil as a lesser or more casual document. A codicil must satisfy the same formal requirements that apply to the underlying will, meaning a notarial codicil needs the writing, notary, and witness formalities described in Louisiana Civil Code Article 1576, while an olographic codicil must be entirely handwritten, dated, and signed by the testator under Louisiana Civil Code Article 1575. A handwritten sticky note attached to a formal will does not qualify.

A new will, rather than a codicil, is the better tool when the changes are extensive, when the testator's overall goals have shifted, or when multiple provisions need updating at once. Layering several codicils onto one will over the years also raises the risk that provisions will conflict, which can complicate probate and invite disputes among heirs.

How to Fully Revoke a Louisiana Will

A Louisiana testator can revoke a will at any time before death, and that right cannot be waived or signed away. Revocation only becomes effective once one of the recognized legal methods has actually been carried out.

Physical Destruction, Written Revocation, or a New Will

Louisiana law recognizes three ways to revoke an entire testament, according to Louisiana Civil Code Article 1607:

Physical destruction: The testator physically destroys the will, or has it destroyed at their direction, with the intent to revoke it.
A declaration in the proper form: The testator revokes the will through a new notarial testament, a new olographic testament, or an authentic act.
A handwritten revocation: The testator identifies and clearly revokes the will through a writing that is entirely written and signed in the testator's own handwriting, even if the underlying will was notarial.

Each method carries its own formality, and an attempted revocation that misses the mark can leave an old will technically enforceable. A client who believes an outdated will was destroyed years ago, for example, may be surprised to learn a copy still exists and remains valid until it is properly revoked.

Life Events That Should Trigger a Will Update

Wills are not meant to be signed once and forgotten. Certain milestones change who should inherit, who should serve as executor, or how assets should be structured, and each one is a signal to review the existing plan.

Common triggers include:

Marriage or divorce: A new spouse may need to be added, while a former spouse typically needs to be removed from any designated role.
The birth or adoption of a child: New children may need to be named as beneficiaries, and guardianship provisions should be added or revisited.
A significant change in assets: Buying a home, starting a business, or receiving an inheritance can all call for new tax or trust planning.
A move to or from Louisiana: Because Louisiana's succession laws differ meaningfully from those of common law states, a will drafted elsewhere should be reviewed by a Louisiana attorney.
The death of a named executor, trustee, or guardian: These roles need a qualified backup named while the testator is still able to make that choice.

Oak Grove Estate Planning builds this kind of review into its client relationships through complimentary check-ins offered every three years, along with unlimited attorney access between those check-ins. Details on how that process works are available on the client check-ins page.

Get Your Will Drafted the Right Way

Choosing between a notarial and olographic will, then executing it correctly, is the foundation of an estate plan that actually holds up when it matters. Andrew Mims, Rebecca Block Autin, and Clare S. Roubion work with Louisiana families throughout the state to draft wills, prepare codicils, and keep existing plans current as life changes.

Contact Oak Grove Estate Planning today to schedule a complimentary consultation and get a will in place that reflects your wishes.

The information on this page is provided for general educational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.

Sources

Back to Blog