A Handwritten Will is Legal in Louisiana.
Did you know that a handwritten will is perfectly legal in Louisiana? Follow these simple steps in order to make sure your handwritten will is valid.
Don’t worry, I have everything you need right here.
Did you know you could have a handwritten will by this weekend?
I always remind you that estate planning is way more than a will.
However, a will is one of the most important documents that you can have in your estate plan.
Did you know that nearly 65% of all Louisianans currently do not have a written will of any kind?
Are you someone who doesn’t have a will? While you’re not alone, there is something you should know:
A handwritten will in Louisiana is totally valid!
Yep, that’s right. You can pull out a piece of paper right now, include some specific information, sign your name, and voila! - you’ve got a handwritten will in the same amount of time it will take you to read this blog. But, hey, you might want to read this one, because it includes some valuable information that will help you make sure your handwritten will is valid.
Seem too good to be true?
Well, of course, that depends on how you look at it.
There are some specifications that you need to follow in order to have a valid handwritten will. Not to mention needing a safe place to store your handwritten will, since it isn’t a notarized document.
Regardless of these stats, there really is no reason why nearly three-quarters of adults in Louisiana do not have a will.
It’s so easy, that you can easily write your will this very weekend.
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Wills in Louisiana
It’s a very personal and customized process. If we don’t have time allotted to dig deeper into your situation, then there’s no way to plan for the process you’ll need to get the plan you deserve.
There are two types of valid wills in Louisiana:
Notarial Will
Holographic Will.
A notarial will is a typewritten will that contains certain language indicating it is your last will and testament. It is signed by you on each page and in front of a notary and 2 witnesses.
A handwritten will or holographic will can be as specific or as general as you need it to be.
Creating a handwritten will is so easy, that you can create what is arguably the most important document of your estate plan in the time it takes you to mow the lawn this weekend.
If you already subscribe to the Addie Prewitt Law newsletter (lucky you!), then you’ve already received your copy of ‘Will in a Weekend’, the 5-step guide to creating a valid handwritten Louisiana. It’s so easy, you can have it done by Monday morning.
While many people think they know what they would include in a will, not just any piece of paper with some words on it will do.
“Almost a third (30%) of Americans aren’t sure if their parents have a will. ”
Handwriting a will is easy and effective, but it’s important that you follow the 5 key steps to ensure this document is valid when you’re family will need it most.
Remember, if your will is found to be null and void after you die, there isn’t much your family can do about it.
Your property will be dispersed according to the law, with the state deciding how your property is distributed. Not to mention that the state will collect probate fees for doing so.
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Do I need a will?
YES!
I’ve said it once and I will say it again (and again): If you are over the age of 18 and have a bank account, then you need a will.
I often hear that people think they don’t make enough money to have a will. Or, people think that since they’re unmarried and/or don’t have any children, they don’t need a will.
However, regardless of any of these specific situations, if you are an adult with income in the United States, then you need a will.
I would say that especially if you are unmarried, do not have children, and are a Louisiana resident, then you can write a valid holographic will in the time it takes you to read this blog post. Get the free 5-step guide to writing your will this weekend here.
Think about these things when deciding if you need a will in Louisiana:
There is no specific age requirement for adults writing a will.
If you’re over the age of 18 and have a bank account, then you need a will.
You do not have to wait until 65 or older to write a will. In fact, I highly encourage anyone who’s at least 35 to write a will and create an estate plan.
2. There is no specific monetary requirement for a will.
It doesn’t matter how much money you make.
If you are an adult with property, then you need a will.
3. All wills need to be kept up to date.
Whether you have a notarial or holographic will, it needs to be kept up to date as you age.
If you buy/sell property, purchase a business, have grandkids, or lose/earn a bunch of money, your will needs to reflect your most current intentions concerning your property and its distribution of it.
“Over a third (40%) of Americans are clueless as to what’s in their parent’s will.”
It is common for younger people to keep a handwritten will updated throughout their lives.
This can be a cost effective way to be as prepared as possible as your situation changes. However, by the time you approach retirement age, I highly recommend having a will that’s been reviewed and approved by a licensed estate planning lawyer in your state.
The process of handwriting a will is extremely easy.
However straightforward it may seem, it’s important to understand the requirements that do exist, so you don’t leave behind an invalid will to your loved ones. Get your guide to writing a handwritten will in Louisiana here.
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Remember: if you do not have a valid will when you die, then your loved ones will have to go to (and pay for) probate court in order to distribute your property.
Your will is NOT VALID if you:
Type something up on your computer, print it off, then add your written signature.
Create a digital document with a digital signature.
Don’t include the date in the will.
Use stationary or letterhead to handwrite your will. It is best practice to use a blank sheet of paper when
Use a piece of paper with any other writing, text, or pattern on it (i.e. the back of a takeout menu.)
Make changes to your handwritten will after you sign it. A handwritten will needs to be done in one go.
If a will contains some portions that are handwritten and others that are typed.
Anyone else signs the will besides you. Note: a handwritten will does not require witnesses or witness signatures.
Recipients are not named individually or inconsistently. So, instead of writing: “My house goes to my spouse.” Write instead: “My house goes to my spouse, Minnie Mouse.”
Following these instructions will help guide you to writing a valid handwritten will in Louisiana.
However, it does not guarantee that your handwritten will is valid.
Download the handwritten Louisiana guide below to take a closer look at what it takes to create a handwritten will in Louisiana.
If you have any doubts, be sure to reach out to a licensed Louisiana legal professional for guidance on estate planning and creating a handwritten will today.
Handwrite your own Louisiana will with this FREE Guide.
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Revoking a Will in Louisiana
It is very good practice to keep your Louisiana will as up-to-date as possible.
However, when creating any sort of new or updated will, it is vital that any previous will be revoked and/or destroyed.
If you do not properly revoke an outdated will, then it could appear that you have multiple wills, all of which will have to be presented for probate and then the court determines which is the valid will. This is not something you want to happen.
Here are a few different ways to officially revoke a will in Louisiana:
Any new will written should expressly revoke any previous will or testament. Meaning, there should be a clause in your updated will that clearly states the validity of your current will and the revoking of any previous will and testament. (This is why dates are super important!)
The destruction of any and all previous wills and testaments. Once your current will has been updated properly, it is best practice to physically destroy any previous will, testament, or document that could be considered a will or testament. (Tear it up or burn it!)
Note that if you write a will that doesn’t provide for children, then have a child, you’re going to run into forced heirship issues in the state of Louisiana. So, it’s best practice to keep your will up to date with major life changes like the birth or adoption of children. Keep in mind that this applies to any children who are 24 years old or younger.
Do you even need an estate planning lawyer?
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Limitations of Louisiana Wills
Whether a will is handwritten or notarial, the document needs to follow the legislative guidelines instituted by the state of Louisiana.
If your will does not follow these guidelines, whether handwritten or notarized, it will be deemed null and void.
We’ve discussed some technicalities to keep in mind when handwriting your will. These include dates, signatures, certain language, etc.
But, when it comes to assigning gifts or property in your will, there are limitations to what you can and cannot give.
In order to better understand what you should or should not include in your will, here are some basics to keep in mind:
Probate Property vs. Non-probate property
Non-probate property are things that pass to someone contractually or by operation of law: Proceeds from life insurance, retirement accounts, property in usufruct or trust.
Probate property is everything else: Your house, your vehicle, your furniture and personal possessions, your bank accounts, etc.
Community property vs. Separate property
If you are married and have community property, you can only give away your one-half of the community property. By law, your spouse is entitled to their one-half interest in community property.
So, what’s considered community or separate property?
Community Property - All property derived by the skill of a spouse during the marriage is community property.
Separate Property - Generally, all property you have before you are married is separate property.
Exceptions:
The property will remain separate if you have opted out of Louisiana’s community property regime by entering into a valid prenuptial agreement, postnup, or matrimonial agreement.
The property will remain separate if it is property that you solely inherit.
“$59 trillion dollars of wealth is predicted to be transferred from 94 million estates in America by 2061.”
So you’re saying I need a Will
If you are an adult living in Louisiana, especially if you currently have or have ever had income, then you need a will. This is the first and arguably most important step of the full estate planning process. A handwritten will that follows some basic guidelines is perfectly valid in Louisiana.
Having a will, either handwritten or notarial, is perfect for:
younger adults
older adults
single or married adults
adults with or without children
adults with pets
adults who own their own business
adults who make any amount of money each year
So, if you fall into any or several of these categories, then you need a will. And, there’s nothing stopping you from creating a handwritten will by Monday morning. Get the 5-step guide to writing your own handwritten Louisiana will here.
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Your will can be as simple or as detailed as you need it to be.
Some people will have a one-page document that includes everything they need it to. Others might have multiple pages with specific gifts designated to various family members. Either way, a handwritten will is a great option for you.
Keep the following in mind when writing a will:
You need to follow specific legal guidelines, as outlined in Louisiana law, for your handwritten will to be valid. (Download my free guide to handwritten wills in Louisiana to get these guidelines delivered to you instantly.)
You can only give away property that 100% belongs to you, or the portion of property that belongs to you.
Your will only covers probate property so be sure to check that your beneficiary designations for life insurance or retirement plans are up to date!
For a handwritten will to be valid, it must be 100% handwritten and signed by only you.
If you have a blended family, have a situation that isn't mentioned here, or simply have questions about creating the most effective estate plan that you can, then you should book a call with me.
A strategy session is a 60-minute one-on-one virtual meeting where you’ll be able to ask me questions about your own estate planning needs. You’ll even get advice about the best way to create the estate plan that’s best for you.
Set yourself apart from the 65% of Louisianans who currently do not have a will, schedule your free consultation today.
Happy Planning!
Take Care,
Addie
Are you ready to create an estate plan that’s right for you?
FAQ
Q: Can I really handwrite my will?
A: Yes! In Louisiana, it is perfectly legal to handwrite your own will.
However, it is vital that your handwritten will follow legal guidelines put forth by the state of Louisiana. If you want to set yourself apart from 65% of Louisianans who die without a will, you’re already on the right path. To make sure your handwritten will follows basic Louisiana guidelines, be sure to get the Will in a Weekend Worksheet now. It’s a 5 step-guide that’s easy to follow and helps you create a handwritten will in the time it takes you to go to the grocery store this weekend.
Q: Will you be able to give me legal advice ?
A: Yes! If you book a legal advice session with me, we’ll be able to discs the specifics of your estate planning situation. I’ll be able to give you legal advice and suggest courses of action that you should take. Please note that scheduling a strategy session does not automatically make you a client of Addie Prewitt or Spera Law.
If you’re interested in booking 1:1 estate planning services, where I’ll take care of your estate planning needs, then you can find out more information here.
Please note that any content shared outside of the one-on-one legal advice session and our lawyer-client relationship is not legal advice. This blog post and any other blog post or informative content are tools of general information and are not legal advice.
If you’d like to know more about a legal advice session or get 1:1 estate planning services, please book a complimentary call here.
Q: Which documents will I likely need to create a complete estate plan?
A: It can vary from client to client, but generally, folks looking to make an estate plan can count on needing some, if not all, of the following documents:
Last will and testament
Living trust
Beneficiary designations
Financial power of attorney
Advance healthcare directive/healthcare power of attorney
Insurance policies (health, life, car, home, etc.)
Titles and property deeds (car, home, boat, rental property)
Proof of identity (social security card, prenup agreement, birth/marriage/divorce certificates, etc)
Digital logins and passwords (yes, all of them)
Funerary instructions (although I believe these should be given directly to your loved ones prior to your death.)
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