WILL - NOTARIAL - F1DWIL1: This document is a notarial will drafted in accordance with, and using the attestation clause contained in, La. C.C. Art. 1577. A different attestation clause must be used for wills prepared for those who know how to sign but are physically unable La. C.C. Art. 1578, and those who are illiterate or sight impaired La. C.C. Art. 1579. See document Will and Trust Provisions - F1DWIL5 for alternative bequests. NOTE: A spouse of a legatee may not be a witness to any testament. However, only the legacy to the witness’ spouse is invalidated. La. C.C. Art. 1582.1. In each notarial will, each page must contain the signature of the testator and a page reference. For pages other than the last, insert the following at the bottom of the page:
__________________ [_TESTATRIX_] Page ____ of ____ Pages The second sentence in paragraph 2 (about additional children) may no longer be necessary. (La. C.C. Art. 1705 has been eliminated.) The testament may confer additional powers upon the executor (see La. C.C. Art. 1302, La. C.C. Art. 1572 and La. C.C. Art. 1725). In addition, the testament may confer upon the usufructuary the power to alienate non consumables (La. C.C. Art 568). NOTE: Act 881 of 2010 amended Art 568 (and numerous other articles) dealing with usufruct. The amendments should be reviewed carefully when drafting a will conferring a usufruct. It may no longer be necessary for the testatrix to sign after the declaration paragraph (see comment (b) under La. C.C. Art.1577).
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STATE OF LOUISIANA
LAST WILL
PARISH OF [_PARISH_]
AND TESTAMENT
KNOW ALL MEN BY THESE PRESENTS that before me, [_NOTARY_], a Notary Public in and for the Parish of [_Parish_], Louisiana, duly commissioned and qualified to act as such, and in the presence of the good and competent witnesses hereinafter named and undersigned, personally came and appeared [_TESTATRIX_], presently married to [_HUSBAND_], who stated, declared and signified that she knows how and is able to read and knows how and is able to sign her name and that this instrument is her last will and testament in words as follows: "I have been married but once and then to [_HUSBAND_]. I have only two children, [_CHILD_1_] and [_CHILD_2_].
I reside at [_Address_] and my Tax Identification
Number is [_TIN_]. I revoke all wills and codicils previously made by me. At my death, I desire the following disposition of my property: (1)
I give and bequeath a lifetime usufruct without bond over all of the property of
which I die possessed, movable and immovable, separate and community, and of every nature whatsoever, including all mineral rights, to my husband, [_HUSBAND_]. (2)
I give and bequeath the naked ownership of all of the property of which I die
possessed, movable and immovable, separate and community, and of every nature whatsoever to my descendants by roots in being at the time of my death. I now have two children, [_CHILD_1_] and [_CHILD_2_], but in the event that I have additional children, they shall share in the naked ownership of my property as provided above. (3)
I appoint my husband [_HUSBAND_] executor of my estate, with full seizin and
without bond. (4)
Should my husband predecease me, I appoint [_TUTRIX_] tutrix of any minor
children that I have at my death." __________________________ [_TESTATRIX_] In our presence the testatrix, [_TESTATRIX_], has declared or signified that this instrument is her testament and has signed it at the end and on each other separate page, and in the presence of the testatrix and each other we have hereunto subscribed our names this [_day_] day of [_Month_], [_Year_] at [_City_Parish_], Louisiana. WITNESSES: _________________________ [_WITNESS_1]
_____________________________________ [_TESTATRIX_]
_________________________ [_WITNESS_2]
_____________________________________ [_NOTARY_], NOTARY PUBLIC Bar Roll Number [_BAR ROLL NUMBER_]
Page ____ of ____ Pages ********** WORD KEY: [_PARISH_] [_NOTARY_]
[_Parish_] [_TESTATRIX_]
[_HUSBAND_] [_CHILD_1_] [_CHILD_2_] [_Address_]
[_TIN_]
[_TUTRIX_]
EXPLANATION: Parish in which will is signed. Notary before whom will is signed. See README Special Note No. 3 on USE OF INITIALS. Parish in which will is signed. Name of person making will. In this example, the will is made by a married woman with two children. For alternative bequests, see Will and Trust Provisions - F1DWIL5. Name of husband of testatrix. Name of first child. Name of second child. Street address of testatrix and mailing address, if different, for identification purposes (optional). Tax Identification Number of testatrix, for identification purposes (optional). See README Special Note No. 2 on TIN. Name of person appointed tutrix for the minor
[_TESTATRIX_]
[_day_] [_Month_] [_Year_] [_City_Parish_] [_WITNESS_1_] [_WITNESS_2_] [_TESTATRIX_]
[_NOTARY_] [_BAR ROLL NUMBER_]
children. Name of person making will. In this example, the will is made by a married woman with two children. For alternative bequests, see Will and Trust Provisions - F1DWIL5. Day, month and year will is signed. City and parish in which will is signed. Name of first Witness. Name of second Witness. Name of person making will. In this example, the will is made by a married woman with two children. For alternative bequests, see Will and Trust Provisions - F1DWIL5. Notary before whom executed. See README Special Note No. 3 on USE OF INITIALS. Bar Roll Number of Attorney.