| October
20, 2002© |
Paul J. Breaux completed
Pharmacy School in 1965. After practicing pharmacy
for several years, he entered L.S.U. Law School,
graduating in 1972, and he has practiced law since
then. His practice is located in Lafayette, Louisiana. |
A will is a document that directs how a deceased person's
money and other property are to be distributed. It is also
sometimes referred to as a "last will and testament."
A person who writes a will is often referred to in the will
itself as the testator, and a person who dies having
left a will is said to have died testate.
An executor of a will is the person who is charged
with settling the estate. Those who are to receive
money or property from the decedent are the legatees,
sometimes referred to as beneficiaries.
Everyone who is concerned about the distribution of his
or her assets after death should have a will. A will is the
most common way to control who will be the beneficiaries of
your property after you die. If a person's wishes are spelled
out clearly, a will can help prevent stressful and costly
disputes among relatives.
In addition to distributing property, a will can name the
tutor of minor children or designate a trustee for that part
of the estate which may be placed in trust.
A person who dies without a will is said to have died intestate.
The law directs how the property of a person who dies intestate
should be distributed. Should that happen, the law tries to
look first to relatives of the closest degree, but if there
are no living relatives, the state will become the
owner of the property of such a person.
Louisiana's Civil Code provides only two valid forms for
a testament, olographic and notarial. Oral testaments
are not enforceable. Other requirements for a valid will are
that the testator must be at least 16 years old, the will
must be dated, and the testator must sign the will himself.
A will can be found invalid for a number of reasons, including:
failing to follow the formalities for execution; signing under
fraud or duress, or other undue influence from another person;
failing to have the required mental capacity at the time.
Care should be taken when making a will, since if a will is
found to be invalid, the court will usually treat it as though
the deceased person died intestate.
A person can always change, revoke, or rewrite a will at
any time, as long as he or she is competent and observes certain
formalities. Someone wishing to revoke a will must make it
clear that he or she is doing so and the new will is to take
its place. If one wants to change some provisions in a will,
one can do so by using a document called a codicil,
which is an amendment to a will. The law imposes specific
requirements regarding making codicils, which must be carefully
followed.
Lastly, a will should be kept in a safe place where it is
protected yet still easily accessible. Your attorney and executor
should each have a copy, and your executor or attorney should
know where to find the original document.
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