|
|
Last
Modified on
Aug 03, 2026
No matter your age, health, or financial circumstances, estate planning is important to your future. Without an adequate plan, your property, wishes, and loved ones may face unnecessary uncertainty. Understanding the difference between wills vs. trusts in Louisiana can help you create a plan that meets your needs. Field Law can explain how each tool works and whether your estate plan should include one or both.
Understanding Wills vs. Trusts in Louisiana
Creating an estate plan in Louisiana requires an understanding of the state’s succession laws and estate-planning tools. The following are the main elements of wills and trusts:
Wills
In Louisiana, a will is a legal document that states how property belonging to your succession should be distributed after your death. It can also name an executor and recommend a tutor for minor children.
According to one study, only 46% of Americans have a will. A will takes effect at death, and the original generally must be submitted to a Louisiana court for probate. Property passing under the will is then transferred through the succession process.
Court proceedings are generally public, although not every financial detail necessarily becomes publicly accessible. A valid will can still reduce uncertainty, minimize possible conflicts, and simplify the succession process.
Trusts
A trust is a legal relationship in which a trustee holds and administers property for one or more beneficiaries. Property properly transferred into an inter vivos trust during the settlor’s lifetime generally does not have to pass through succession.
Louisiana recognizes several kinds of trusts. Two broad categories of inter vivos trusts are revocable and irrevocable trusts. A revocable trust reserves the right to revoke or modify the trust as stated in the trust instrument. An irrevocable trust generally cannot be freely revoked or changed by the settlor unless the trust instrument or Louisiana law permits it.
Louisiana also recognizes testamentary trusts created through a will. Those trusts begin at death after the will is probated.
Irrevocable trusts may be used for charitable planning, life insurance, asset management, or other specific purposes. An estate planning attorney can review your property and goals to determine whether a trust is appropriate.
The Main Differences Between Wills and Trusts in Louisiana
One major difference is that property properly transferred into an inter vivos trust can avoid succession. Because the trust property does not pass through a judgment of possession, a trust may also provide greater privacy.
Trusts can be useful for people with complicated property, out-of-state real estate, beneficiaries who need long-term management, or a desire to control how and when distributions occur. However, a trust must be properly funded. Signing the trust document without transferring property into it will not keep that property out of succession.
A will is generally less expensive and more straightforward to create. It can name an executor, identify legatees, recommend a tutor for minor children, and address property that remains in the person’s name at death.
A trust names a trustee to manage trust property. The settlor may initially serve as trustee of a revocable trust and name a successor trustee to take over after incapacity or death.
Many Louisiana estate plans include both a trust and a will.
About Field Law
At Field Law, our priority is helping clients protect their loved ones and create plans that reflect their wishes. We have helped families throughout Louisiana prepare estate plans and navigate successions. Our focus on Louisiana estate law allows us to provide practical, personalized guidance.
FAQs
How Long Does It Take to Create a Will in Louisiana?
The time needed to create a will depends on your goals, family circumstances, and the complexity of your property. An estate planning attorney can make the process more efficient while ensuring that the will reflects your wishes and satisfies Louisiana law.
Can You Have Both a Trust and a Will in Louisiana?
Yes. Many Louisiana residents create both a will and a trust. The trust governs property properly transferred into it, while the will addresses property that remains outside the trust and other issues that a trust may not cover.
Using both is not limited to wealthy families. A trust may also benefit people with minor children, beneficiaries with disabilities, out-of-state property, privacy concerns, or a desire to make property management easier after incapacity or death.
How Do You Draft a Valid Will in Louisiana?
Louisiana recognizes two principal forms of wills: olographic and notarial testaments.
Under Louisiana Civil Code Article 1575, an olographic testament must be entirely written, dated, and signed in the testator’s handwriting. It does not require witnesses or notarization.
A notarial testament must be written, dated, executed before a notary and two competent witnesses, and signed by the testator, witnesses, and notary. Following Act 30 of 2025, an attestation clause is no longer required for validity. However, using a proper attestation clause and signing every page remains a best practice because it can make the will self-proving.
Because errors in execution can create probate disputes, working with a Louisiana estate planning attorney can reduce the risk that a court later finds the will invalid.
How Do You Know If a Will or Trust Is Right for You?
The right estate-planning tools depend on your property, family circumstances, financial goals, and desired level of control. Wills and trusts serve different purposes, and many plans use both.
An attorney can review your real estate, investments, business interests, family dynamics, and beneficiary needs to recommend an appropriate plan.
Hire a Louisiana Estate Planning Lawyer
Field Law helps Louisiana individuals and families create wills, trusts, and comprehensive estate plans. We can also help clients transfer property into their trusts so the documents work as intended.
To discuss whether a will, trust, or combination of both is right for you, contact Field Law to schedule a consultation.
