Testament

Q) Who should make a Will?
A) Generally, all persons have the capacity to make a testament (WILL) La. C.C., Art. 1470

Q) Can a Will be done for a Minor?
A) Yes and No! Where a person is under sixteen years of age, he may make a will only in favor of his spouse or children. La. C.C. Art. 1476. Where a minor is sixteen years of age or older, he may make a testament despite not having the capacity to enter into other ordinary contracts. La. C.C., art. 1476.

Q) Does one have to be in their right mind to make a will?
A) Mental capacity must exist at the time the will is made even though the testator may have been irrational at other times. Succession of Lafferanderie, 228 La. 871, 84 So.2d. 442 (1956) The law presumes that a testator is capable of making a testament; that presumption continues until proved otherwise.

If you have other questions about wills, call me at 985-870-8896. Please Note: Some questions will need to be submitted to a practicing attorney. Notaries Public are not permitted to advise their clients in legal matters.

You can study the Civil Codes as they pertain to Testaments in Louisiana. Should they not be understood, or if you have additional questions, then you should seek the advice of a practicing attorney in Louisiana. Call Roy Bonner at 985-851-5171

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