Wills and Testaments

Someone asked me, "I have a friend who...

wants to make a will. What are the requirements? 

My answer is there are two kinds of wills:

Holographic Will 

• Entirely handwritten, dated and signed in language known to testator
  
  

Notarial Will

• In writing and signed on each page,
• Signed in presence of 3 witnesses, attested and subscribed
• Pages consecutively numbered
• Notarized with attestation clause
  

 

Art. 783 of the Civil Code provides that "A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death."

Who can make a Will?

 

• Must be of 18 yrs of age
• Sound mind at the time of execution of will

• Knows the nature of his estate
• Proper objects of his bounty
• Testamentary character of his act

• Without force, duress or undue pressure
• Presumption of insanity if one month or less before making will, testator publicly known to be insane
  

The attestation shall state the number of pages used upon which the will is written, and the fact that the testator signed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. (Art 805)

Subscribed means that every will must be acknowledged before a notary public by the testator and the witnesses as to the veracity of his signature and as to his free will.  

The notary public shall not be required to retain a copy of the will, or file another with the office of the Clerk of Court.