How can I revoke a will in Louisiana?

Q: What voids a will in Louisiana?

In Louisiana, a will can be voided if it was not properly executed, such as not being signed by the testator or not having the required witnesses. Other reasons include the testator lacking capacity, being under undue influence, or if the will was revoked by a subsequent valid will or by physical destruction.

Q: What invalidates a will in Louisiana?

A will may be invalidated in Louisiana for several reasons, including improper execution, lack of testamentary capacity, undue influence, or fraud. If the testator did not understand the implications of creating the will or was coerced into signing it, those factors can also invalidate the document.

Q: In what three ways can a will be revoked?

In Louisiana, a will can be revoked in three primary ways: by physically destroying the will, by creating a new written document that explicitly revokes the previous will, or by making changes to specific provisions within the will itself. Each method must clearly express the intent to revoke the original will.

Full question:

I’m a resident of Louisiana. I made a will of my properties in my son’s favor. Later I decided to make the will in favor of both my son and daughter. How can I revoke my will in Louisiana?

Category: Wills and Estates
Subcategory: Revocation
Date: 04/07/2025
State: Louisiana

Answer:

According to Louisiana Statutes and Laws, there are several ways to revoke a Will. Here are the methods to revoke a Will in Louisiana:

A testator can physically destroy the testament, or another person can destroy it at his direction.
A testator can identify and clearly revokes the testament by a writing that is entirely written and signed by the testator in his own handwriting.
The revocation of a legacy or other testamentary provision occurs when the testator clearly revokes the provision or legacy by a signed writing on the testament itself.
A testament is revoked when the testator is divorced from the legatee after the testament is executed and at the time of his death, unless the testator provides to the contrary.

Please have a look at the Louisiana statutes and laws regarding wills below:

La. C.C. Art. 1607
Revocation of entire testament by testator

Revocation of an entire testament occurs when the testator does any of the following:

     (1) Physically destroys the testament, or has it destroyed at his direction.

     (2) So declares in one of the forms prescribed for testaments or in an authentic act.

     (3) Identifies and clearly revokes the testament by a writing that is entirely written and signed by the testator in his own handwriting.

La. C.C. Art. 1608
Revocation of a legacy or other testamentary provision

Revocation of a legacy or other testamentary provision occurs when the testator:

     (1) So declares in one of the forms prescribed for testaments.

     (2) Makes a subsequent incompatible testamentary disposition or provision.

     (3) Makes a subsequent inter vivos disposition of the thing that is the object of the legacy and does not reacquire it.

     (4) Clearly revokes the provision or legacy by a signed writing on the testament itself.

     (5) Is divorced from the legatee after the testament is executed and at the time of his death, unless the testator provides to the contrary. Testamentary designations or appointments of a spouse are revoked under the same circumstances.

La. C.C. Art. 1609
Art. 1609.  Revocation of juridical act prior to testator's death

The revocation of a testament, legacy, or other testamentary provision that is made in any manner other than physical destruction of the testament, subsequent inter vivos disposition or divorce is not effective if the revocation itself is revoked prior to the testator's death.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the grounds to contest a will in Louisiana?

In Louisiana, a will can be contested on several grounds, including lack of testamentary capacity, undue influence, fraud, or improper execution. If the testator was not of sound mind when creating the will, or if they were coerced into making it, those factors can invalidate the will. Additionally, if the will does not meet the legal requirements for execution, such as being signed by the testator and witnessed, it may also be contested.

What makes a will invalid in Louisiana?

A will may be deemed invalid in Louisiana if it was not executed according to legal requirements, such as lacking the necessary signatures or witnesses. Additionally, if the testator lacked the mental capacity to understand the nature of making a will, or if the will was created under undue influence or fraud, it can also be invalidated.