Legal Definitions - olographic will

An olographic will is a specific type of will recognized under Louisiana law. It is a document that must be entirely handwritten, signed, and dated by the person making the will (known as the testator) themselves. Unlike many other types of wills, an olographic will typically does not require witnesses or notarization to be considered valid. This form of will offers a way for individuals to express their final wishes without needing a lawyer to draft it, or witnesses to be present during its creation.

Because of its informal nature, courts in Louisiana tend to interpret olographic wills with a focus on understanding the testator's true intentions, rather than strictly adhering to technical legal language. However, when an olographic will is presented in court after the testator's death, it must undergo careful examination to confirm that it was indeed written by the deceased and that they genuinely intended it to serve as their last will and testament.

• Example 1: The Remote Expedition

  While on a solo research expedition in a remote part of Louisiana, Dr. Aris Thorne suffers a sudden, life-threatening injury. Realizing he might not survive, he pulls out a notebook and, with a shaky hand, writes down his wishes for his research notes, equipment, and a small savings account. He signs and dates the entry. If Dr. Thorne unfortunately passes away, this handwritten document, entirely in his own hand, signed, and dated, could be presented as an olographic will in Louisiana, even though no one witnessed him writing it.

• Example 2: The Independent Artist

  Eleanor Vance, a reclusive artist living in New Orleans, prefers to manage all her personal affairs without assistance. One afternoon, she decides to formalize her wishes for her extensive art collection and her small estate. She carefully pens a document detailing who should receive specific paintings and how her property should be divided, signs it, and dates it. She then places it in a locked box. Since the entire document, including the signature and date, is in Eleanor's handwriting, it could function as a valid olographic will in Louisiana, despite the absence of witnesses or a notary.

• Example 3: The Disputed Inheritance

  After Mr. Chen passes away in Baton Rouge, his family discovers a handwritten note among his personal papers titled "My Final Instructions," dated and signed by him. The note outlines a distribution of assets that differs significantly from what some family members expected. A relative challenges the document's authenticity, suggesting it might not have been written by Mr. Chen or that he didn't intend it to be his official will. In this scenario, the court would scrutinize the document to confirm that the handwriting matches Mr. Chen's and that he genuinely intended this specific handwritten paper to serve as his last will and testament, demonstrating the rigorous examination an olographic will must withstand.