No Room For Error: How Louisiana Senate Bill 49 Affects Last Will and Testaments
- patikates
- 5 days ago
- 2 min read
In a state known for its unique legal heritage rooted in civil law, Louisiana continues to prioritize clarity and structure in matters of succession. One of the most consequential developments in this area is Senate Bill 49 (SB49), introduced during the 2025 Regular Session by Senator Gregory Miller. This bill addresses the validity of testament, and its implications will affect how wills are drafted, executed, and contested in Louisiana Courts.
The Motivation Behind SB49
At the heart of SB49 is a desire for legal certainty. In recent years, Louisiana courts have made it clear that when it comes to notarial testaments, precision is non-negotiable. The 2023 Louisiana Supreme Court case, Succession of Frabbiele, highlighted just how strict the state is regarding the execution of wills. In that case, the Court declared a will absolutely null because the testator failed to sign on every page of the document – a requirement outlined in the Louisiana Civil Code.
This ruling sent a strong message: for a self-proving will there is no room for error when creating this testament in Louisiana. SB49 further defines the testamentary language and reiterates its position legislatively, aiming to codify and possibly clarify what courts have already been saying – formalities are not optional for a self-proving testament.
What SB49 Proposes
SB49 seeks to amend provisions in Louisiana law to provide explicit statutory backing for the strict compliance standard set by the courts. It emphasizes:
· The necessity for signatures on every page of a notarial testament
· Appropriate declarations
· Olographic testaments (one written entirely in the testator’s own hand) requirements as to form
· Failure to meet certain formal requirements may render a testament invalid and/or non-self-proving
If passed, SB49 would become law on August 1, 2025.
Practical Impacts for Louisiana Residents
For the average person writing a will, SB49 underscore the importance of doing it right the first time. Even minor oversights – missing a signature on a page, an incorrect witness acknowledgment – can result in a will to be non-self-proving.
This change serves as a reminder to:
· Consult of experience legal profession when drafting a will.
· Avoid do-it-yourself will kits or information arrangements, especially in a state with our rigorous requirements.
· Conduct periodic reviews of estate documents to ensure ongoing compliance with current laws.
Implications for Estate Planners and Legal Professionals
Attorneys and notaries preparing estate planning documents should be particularly vigilant. * Creating a Last Will and Testament to be a self-proving document requires understanding of the laws of the state.
*Also see blog regarding SB93 regarding (Penalty clauses) the provision in a juridical act that to penalize a person for filing an action to challenge the act is unenforceable if there is a substantial likelihood that the challenge would be successful.
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