Louisiana 2022 Regular Session

Louisiana House Bill HB1008 Latest Draft

Bill / Introduced Version

                            HLS 22RS-2009	ORIGINAL
2022 Regular Session
HOUSE BILL NO. 1008
BY REPRESENTATIVE ROBBY CARTER
WILLS/TESTAMENTS:  Provides for proof of an olographic testament
1	AN ACT
2To amend and reenact Code of Civil Procedure Article 2883(A), relative to testaments; to
3 provide relative to olographic testaments; to provide for evidence; and to provide for
4 related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  Code of Civil Procedure Article 2883(A) is hereby amended and
7reenacted to read as follows: 
8 Art. 2883.  Olographic testament
9	A.  The olographic testament must be proved by clear and convincing
10 evidence by the testimony of two credible witnesses that the testament was entirely
11 written, dated, and signed in the testator's handwriting.  The court must satisfy itself,
12 through interrogation or from the written affidavits or the depositions of the
13 witnesses, that the handwriting and signature are those of the testator, and except as
14 provided in Article 2890, must mention these facts in its proces verbal.
15	*          *          *
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-2009	ORIGINAL
HB NO. 1008
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 1008 Original 2022 Regular Session	Robby Carter
Abstract:  Provides that an olographic testament must be proved by clear and convincing
evidence.
Present law provides that an olographic testament must be proved by the testimony of two
credible witnesses that the testament was entirely written, dated, and signed in the testator's
handwriting.
Proposed law retains present law and provides that the olographic testament must be proved
by clear and convincing evidence.
(Amends C.C.P. Art. 2883(A))
Page 2 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.