How can I revoke a will in Louisiana?
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?
03/16/2017 |
Category: Wills and Es... » Revocation |
State: Louisiana |
#34053
Answer:
- 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.
