If you've been putting off getting a will, what can you do in the midst of this Coronavirus pandemic?

The most common form of will in Louisiana is a notarial will. This type of will is typewritten and must be physically signed in front of a notary and two witnesses unrelated to the person making the will. Unfortunately, Louisiana has not enacted any law allowing the signing of the will to be witnessed through electronic means like Skype or Zoom. So you might be wondering, in the midst of this novel coronavirus pandemic, is there any type of will I can do without leaving my house?

The answer is YES! Louisiana does allow a handwritten will. The requirement is that the handwritten rule must be entirely written, dated and signed in the handwriting of the person making the will. This means that there should be nothing typewritten on the paper. Preferably, the will would be dated at the top with the date completely written out: For example, April 7, 2020. The person making the will would indicate that they intend this writing to be their will and write out how and to whom they want their property to go upon their death. You could also use this handwritten will to designate a guardian for minor children or executor to administer the estate. Finally, they would sign the will at the end.

Easy peasy, right?

Not exactly, Louisiana law can be complicated and it is unlikely a handwritten will would take into account all the intricacies of Louisiana law. For example, Louisiana has forced heirship provisions that mandate a certain amount of property must be left by parents to children who meet certain requirements, namely that a child is under the age of 24 or regardless of age, a child is physical or mentally unable to take care of themselves.

Right now, there really aren’t a lot of options for individuals in Louisiana wishing to make a will. It is totally understandable if you decide to make a handwritten will to have some peace of mind during the Coronavirus crisis. However, once we are able to share spaces again, please schedule a phone call with me to discuss whether your handwritten will ultimately accomplishes your goals with respect to your estate planning.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.