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Wills
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.

Personal Planning
Wills
Bank Deposits
Louisiana Powers of Attorney
Independent Administration of Estates
Advance Medical Directives
HIPAA Privacy
HIPAA Security
Pharmacy Law
Corporations
Controlled Substances
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This memorandum analysis is provided as an informational service of Paul J. Breaux, Ltd. It is not intended to
provide specific legal advice or opinion, which may be based only on individual fact situations.
 

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