Senate Bill No. by Senator Miller seeks to amend and reenact various articles of the Louisiana Civil Code and Code of Civil Procedure to modernize the requirements for olographic and notarial testaments. The bill simplifies the execution process by removing special requirements for individuals who are unable to sign, read, or are deaf or deaf and blind. Key changes include the elimination of the stipulation that an olographic testament must be signed at the end, allowing the signature to appear anywhere in the document, and clarifying that handwritten changes made by the testator after execution can be valid. Additionally, the bill repeals outdated articles related to the execution of wills, streamlining the testamentary process.
For notarial testaments, the bill removes the requirement for an "attestation clause" and the necessity for the testator to sign on every page, allowing the signature to appear anywhere in the document as long as it identifies the testator. It also clarifies that the date of the will can be established through extrinsic evidence and eliminates the publication requirement. The bill establishes that a notarial testament is self-proving if it meets specific criteria and provides guidelines for proving those that are not self-proving. Overall, these revisions aim to enhance the accessibility and validity of wills in Louisiana, reduce litigation surrounding will validity, and improve the efficiency of the probate process, with an effective date of August 1, 2025.