|
|
Last
Modified on
Aug 03, 2026
Act 30 of 2025 changed Louisiana’s rules for notarial testaments. Under the revised law, signing every page is no longer required merely to create a valid notarial testament. However, it remains an important requirement for creating a self-proving Louisiana notarial testament.
That distinction matters. A valid testament may still control the estate, but a testament that is not self-proving may require additional evidence when the family files it for probate.
The best practice is therefore straightforward: prepare the testament to satisfy both the validity requirements of Civil Code Article 1576 and the self-proving requirements of Code of Civil Procedure Article 2887.
What Did Act 30 of 2025 Change?
Before Act 30, Louisiana Civil Code Article 1577 required a testator who could read and sign to sign at the end of the testament and on every other separate page.
In Succession of Frabbiele, the Louisiana Supreme Court applied that former law and held that initials on the earlier pages did not satisfy the requirement to “sign his name.” The deviation caused the testament to be declared null.
The Legislature changed that rule through Act 30 of 2025. The Act repealed former Civil Code Articles 1577 through 1580.1 and placed the requirements for a notarial testament in revised Civil Code Article 1576.
The new statute deliberately avoids the phrase “sign his name.” Under Civil Code Article 1576, a signature is sufficient if it identifies the testator and shows the testator’s intent to adopt the document as the testator’s testament.
As a result, initials, a nickname or another identifying signature may potentially satisfy the current law. However, avoiding absolute nullity is not the same as following the best execution practices.
What Makes a Louisiana Notarial Testament Valid?
Revised Article 1576 provides that a notarial testament must be:
- Prepared in writing
- Dated
- Executed before a notary public in the presence of two witnesses
- Signed by the testator
- Signed by each witness
- Signed by the notary
If the testator cannot sign, the testator may make a mark or direct another person to sign on the testator’s behalf and in the testator’s presence.
The testator’s signature may appear anywhere in the testament. Likewise, the date may appear anywhere and may be clarified through outside evidence when necessary.
These revised requirements determine whether the document qualifies as a valid notarial testament. They do not necessarily make it self-proving.
What Makes a Notarial Testament Self-Proving?
Louisiana Code of Civil Procedure Article 2887 creates the separate requirements for a self-proving notarial testament.
A testament executed under Article 1576 does not need additional proof at probate when:
- The testator signs each separate page at the time of execution; and
- The testament contains—or is later accompanied by—the declaration required by Article 2887(A).
The declaration in the testament may use the following statutory language or language that is substantially similar:
“In our presence the testator has declared or signified that this instrument is his testament and has signed each separate page.”
The notary and both subscribing witnesses must sign that declaration.
This structure allows the court to probate the testament without later obtaining testimony from the notary or witnesses. In other words, the document carries evidence of its proper execution within the document itself.
For a shorter explanation of the statutory distinction, see Is a Louisiana Notarial Testament Really Self-Proving?.
Best Practice No. 1: Sign Every Separate Page
Signing every page is no longer essential to the validity of a notarial testament. It is still essential to self-proving status under Article 2887(A).
Therefore, the testator should sign each separate page during the execution ceremony. That includes pages containing administrative provisions, trustee powers or other language that may not directly distribute property.
Signing every page also helps establish that the testator reviewed and adopted the complete document. It reduces the risk of an allegation that someone substituted or added a page after execution.
Best Practice No. 2: Use a Consistent, Identifiable Signature
The 2025 law no longer requires a testator to write a full legal name on every page. The legislative comments recognize that initials or nicknames may constitute a signature.
Nevertheless, the better practice is to use the testator’s usual, identifiable signature consistently throughout the testament.
For example, the testator should avoid:
- Using initials on one page and a full signature on another
- Switching between different names without explanation
- Making an unexplained mark when the testator normally signs documents
- Allowing another person to sign without documenting the testator’s direction
- Using a signature that cannot readily be connected to the testator
A consistent signature reduces factual disputes over identity and intent. The question should not become whether a particular mark was legally “good enough.”
Best Practice No. 3: Include the Self-Proving Declaration in the Testament
Article 2887 allows the notary and witnesses to execute a separate affidavit after the testament’s original execution. However, relying on a future affidavit creates unnecessary risk.
The notary or witnesses may later die, move away, become incapacitated or simply become difficult to locate. Therefore, the better approach is to include the Article 2887 declaration in the testament and complete it during the original signing ceremony.
The declaration should accurately confirm that:
- The testator declared or signified that the document was the testator’s testament
- The testator signed each separate page
- The notary and subscribing witnesses observed the required acts
The exact statutory wording is not mandatory, but the language must be substantially similar.
Best Practice No. 4: Complete One Organized Execution Ceremony
The testator, notary and two witnesses should complete the testament in one organized signing ceremony.
Before anyone signs, the attorney or notary should confirm that:
- The complete document is present
- All pages are in the correct order
- The pages are numbered
- The testament contains the correct execution date
- The testator understands that the document is a testament
- The testator has had an opportunity to review the document
- The testator signs each separate page
- The witnesses and notary sign the required execution and declaration provisions
No one should leave with an incomplete signature block or an unsigned page that someone intends to “fix later.”
Best Practice No. 5: Modify the Declaration When Someone Signs for the Testator
Article 1576 permits a testator who cannot sign to make a mark or direct another person to sign on the testator’s behalf.
If another person signs at the testator’s direction, Article 2887 requires that person to sign every separate page. The self-proving declaration must also state that another person signed at the testator’s direction.
Using the ordinary declaration without explaining the directed signature may prevent the testament from qualifying as self-proving. The execution language should match what actually occurred.
Best Practice No. 6: Choose Appropriate Witnesses
The witnesses should satisfy Louisiana’s competency requirements and understand that they are witnessing the execution of a testament.
As a practical matter, use witnesses who:
- Are adults
- Can read and sign their names
- Are not receiving property under the testament
- Can provide reliable contact information
- Are likely to remain available if a later question arises
- Have no reason to challenge the testator’s capacity or intent
Using neutral witnesses can reduce allegations that a beneficiary controlled or manipulated the execution process.
Best Practice No. 7: Protect the Original Testament
Even a perfectly executed testament can create problems if the family cannot locate the original.
After signing:
- Keep the original in a secure but accessible location
- Tell the executor or another trusted person where it is stored
- Do not place it in a safe-deposit box that no one can access after death
- Keep a digital copy for reference
- Do not write notes, corrections or new instructions on the signed original
- Have formal changes prepared and executed correctly
Your executor should also know where to locate the other records needed to handle the estate. See our guide to preparing for the role of executor.
What If an Existing Testament Is Not Self-Proving?
A notarial testament that does not satisfy Article 2887(A) is not automatically invalid. However, the person seeking probate may need to prove its execution under Article 2887(B).
Depending on who remains available, that proof may come from:
- The notary and at least one subscribing witness
- Both subscribing witnesses
- The only available notary or witness
- Two credible witnesses who recognize the testator’s signature
Article 2887 also permits certain testimony to be submitted by affidavit after the testator’s death, unless the court requires oral testimony. Different rules apply when the genuineness of the will is judicially attacked.
If the existing testament was signed on every page but lacks an adequate declaration, the same notary and subscribing witnesses may be able to execute an attached affidavit under Article 2887(A). If the testator did not sign every page at the original execution, a later affidavit cannot change that historical fact.
An attorney may instead recommend properly reexecuting the testament. The testator should not alter, staple documents to or attempt to repair the original without legal guidance.
Does Succession of Frabbiele Still Control?
Frabbiele remains important historically, but it interpreted former Article 1577. Act 30 repealed that article and expressly changed the signature rule.
Under current Article 1576, initials may potentially qualify as a signature if they identify the testator and demonstrate an intent to adopt the testament. In addition, failure to sign every page no longer makes a notarial testament automatically invalid.
Act 30 applies both prospectively and retroactively to qualifying claims. However, it does not revive prescribed claims or disturb claims already adjudicated by a final judgment before the Act’s effective date.
Therefore, the original lesson from Frabbiele must be updated. The current question is not merely whether the testament is valid. The better question is whether the document was executed so that it will also be self-proving and ready for efficient probate.
Field Law Can Help
Louisiana’s revised law gives courts more flexibility when evaluating the validity of a notarial testament. Still, there is little reason to rely on that flexibility when careful execution can create a self-proving document.
Field Law prepares Louisiana wills with both validity and probate in mind. We can also review an existing testament, determine whether it appears self-proving under Article 2887 and recommend whether an affidavit, reexecution or updated estate plan is appropriate.
To prepare or review a self-proving Louisiana notarial testament, contact Field Law to schedule a consultation.
