Legislation
State: Louisiana
Signed: June 04, 2025
Effective: August 01, 2025
Chapter: Act No. 30
SummarySenate Bill 49 revises the laws concerning notarial testaments at several points.
AffectsAmends Civil Code Articles 1575, 1576, 1581, amends Code of Civil Procedure Article 2891, adds Code of Civil Procedure Article 2887, and repeals Civil Code Articles 1577-1580.1.
Changes
- Provides that for validity a notarial testament must be prepared in writing, dated, executed before a Notary and two witnesses, and signed by the testator, each witness, and the Notary.
- Provides that the signature of the testator on a notarial testament may appear anywhere in the testament and is sufficient if it identifies the testator.
- Provides the requirements of form for validity for notarial testaments, including a declaration that the instrument is the testator's testament, signatures on every page and at the end, and a declaration by the Notary and the witnesses.
- Provides the requirements for form for notarial testaments when the testator is unable to read.
- Repeals the authorization for the execution of a notarial testament in braille.
- Repeals the requirements of form for notarial testaments when the testator is deaf or deaf and blind.
- Eliminates the prohibition against persons who are competent but deaf or unable to read from witnessing a notarial testament for a testator who is unable to read.
- Provides that a notarial testament executed in accordance with Civil Code Article 1576 is self-proving if it is signed on every page and contains an attestation clause signed by the Notary and the subscribing witnesses.
- Provides that if only the Notary or only one subscribing witness is alive or can be located, a notarial testament that is not self-proving may be proved by the testimony of either.
- Authorizes the testimony of the Notary and the witnesses related to a notarial testament to be by affidavit or orally at a hearing.
- Provides that the provisions of Senate Bill 49 apply prospectively and retroactively and are be applied to existing and pending claims but shall not revive prescribed claims or final and definitive judgments.
AnalysisIn Louisiana, a “notarial testament” is a type of last will that is executed in the presence of a Notary Public and witnesses, in accordance with Louisiana’s civil law tradition. In most states, last wills are not notarized, but in Louisiana, a notarial testament is considered a more secure form of last will because it is witnessed before a Notary and two witnesses. Senate Bill 49 revises the laws concerning notarial testaments at several points.
Read Senate Bill 49.