Legally binding holographic codicil?

Status
Not open for further replies.

illusion1230

New Member
I'm trying to find out what is required to make a holographic codicil legal in Louisiana. My mother recently passed. About a year ago she wrote a codicil and addendum to her last will and testament. It is written in her hand, dated and signed. She was always very very specific about wanting me (daughter) to inherit her jewelry but now her husband is trying to sell it off. I can't seem to find any straight answers online and I don't even know where to begin. I really want to respect my mother's wishes but I've never been in a situation like this and I'm not sure what to do or where to begin. Thank you for any information. It is greatly appreciated.
 
The requirements for a codicil are the same as the requirements for a will. Both are called a testament, and Louisiana (for its own bizarre linguistic purposes) dropped the "h" from "holographic". So the codicil is a "olographic testament". The legal requirements are set out in Louisiana Civil Code, Art. 1575.

A. An olographic testament is one entirely written, dated, and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. If anything is written by the testator after his signature, the testament shall not be invalid and such writing may be considered by the court, in its discretion, as part of the testament. The olographic testament is subject to no other requirement as to form. The date is sufficiently indicated if the day, month, and year are reasonably ascertainable from information in the testament, as clarified by extrinsic evidence, if necessary.
 
Status
Not open for further replies.
Back
Top