Article on Will Formalities in Louisiana: Yesterday, Today, and Tomorrow

Ronald J. Scalise recently published an article entitled, Will Formalities in Louisiana: Yesterday, Today, and Tomorrow, Wills, Trusts, & Estates Law ejournal (2020). Provided below is the abstract to the Article.

Louisiana’s form requirements for wills are a curious amalgam of civil and common law rules. Although the current law, which provides that a will may be executed in either olographic or notarial form, was premised upon good intentions and designed with the goal of simplicity in mind, the current state of affairs has regrettably resulted in law that is artificially and unnecessarily complex and rigid. It is a unique Louisiana product that has crystalized in the law and, in practice, results in many unnecessary intestacies today. It is time for reform. This Article dissects each of the individual requirements necessary for the making of a will in Louisiana with a goal not only of descriptive assessment but also of ascertaining whether each requirement is still necessary. This Article suggests that many — perhaps most — of the current form requirements for wills should be reconsidered, and it is hoped that this Article will provide a basis for discussion of future revision.