TESTATE SUCCESSION

Through execution of a testament (will) (also known as a 'donation mortis causa') a person can provide for the disposition of his/her property while alive to take effect upon his/her death.  [Louisiana Civil Code, article 1469), where a person dies having executed a valid testament (will) it is called testate succession.

Article 1469. Donation mortis causa, definition.

 A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. A donation mortis causa is revocable during the lifetime of the donor.

 For an act to constitute a testament, the person executing the act must show testamentary intent, i.e. that the act is a donation in contemplation of death.  This intent must be reflected in the language of the act.  Since all wills or testaments will be probated, it is important to make sure the will is done correctly for your state laws in order to guarantee the will can be executed properly.  In the  Succession of Fayard, 152 so.2d. 627 (La. App. 2d Cir. 1963) a person can dispose of by testament all or only a part of the property or other assets he leaves at death.  What is not disposed of by testament passes according to the laws of intestate succession as discussed elsewhere.

 If you have other questions regarding wills, please call Joe at Superior Signing LLC, also doing business asJoe's Notaries, located at 838 Bayou Gardens Blvd, Suite D, Houma, Louisiana.  The phone number is (985) 870-8896.