The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Senate Legislative Services. The keyword,
summary, 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)]
DIGEST
SB 49 Original 2025 Regular Session Miller
Present law (C.C. Art. 1575) provides the requirements of form for validity for olographic
testaments, including that the testament be written, dated, and signed by the testator.
Proposed law maintains for validity that an olographic testament must be written, dated, and signed
by the testator but eliminates the requirements that the signature appear at the end of the testament
and that the date is sufficient if indicated by the day, month, and year.
Proposed law further provides that the signature of the testator may appear anywhere in the testament
and is sufficient if it identifies the testator.
Proposed law further provides that the date may appear anywhere in the testament and may be
clarified by extrinsic evidence.
Present law (C.C. Art. 1576) defines notarial testaments as those executed in accordance with certain
formalities.
Proposed law provides that for validity the notarial testament shall be prepared in writing, dated,
executed before a notary and two witnesses, and signed by the testator, each witness, and the notary.
Proposed law eliminates the requirement that the testator declare that the instrument is his testament
and that the testament include an attestation clause.
Proposed law further provides that the signature of the testator may appear anywhere in the testament
and is sufficient if it identifies the testator.
Proposed law provides that the date may appear anywhere in the testament and may be clarified by
extrinsic evidence.
Present law (C.C. Art. 1577) provides the requirements of form for validity for notarial testaments,
including a declaration that the instrument is the testator's testament, signatures on every page and
at the end, and a declaration by the notary and the witnesses.
Proposed law repeals present law.
Present law (C.C. Art. 1578) provides the requirements of form for notarial testaments when the
testator is literate and sighted but physically unable to sign. Proposed law repeals present law.
Present law (C.C. Art. 1579) provides the requirements for form for notarial testaments when the
testator is unable to read.
Proposed law repeals present law.
Present law (C.C. Art. 1580) provides for the execution of a notarial testament in braille.
Proposed law repeals present law.
Present law (C.C. Art. 1580.1) provides the requirements of form for notarial testaments when the
testator is deaf or deaf and blind.
Proposed law repeals present law.
Present law (C.C. Art. 1581) provides that certain persons are incompetent to be witnesses to
testaments.
Proposed law eliminates the prohibition against persons who are competent but deaf or unable to
read from witnessing a notarial testament for a testator who is unable to read.
Proposed law (C.C.P. Art. 2887) provides the standard of proof for notarial testaments.
Proposed law provides that a notarial testament executed in accordance with C.C. Art. 1576 is self-
proving if it is signed on every page and contains an attestation clause signed by the notary and the
subscribing witnesses.
Proposed law further provides that a notarial testament executed in accordance with C.C. Art. 1576
is self-proving if it is signed on every page and the notary and the subscribing witnesses attach an
affidavit executed after the date of the testament stating that the testator declared the instrument to
be his testament and that the testator signed every page.
Proposed law provides that a notarial testament that is not self-proving may be proved to have been
signed by the testator by the testimony of the notary and at least one subscribing witness or by the
testimony of the two subscribing witnesses.
Proposed law further provides that if only the notary or only one subscribing witness is alive or can
be located, the notarial testament that is not self-proving may be proved by the testimony of either.
Proposed law also provides that if the notary and none of the witnesses are available, the notarial
testament may be proved by the testimony of two credible witnesses who recognize the signature of
the testator.
Proposed law authorizes the testimony of the notary and the witnesses to be by affidavit or orally at a hearing.
Proposed law (C.C.P. Art. 2891) provides that notarial testaments do not have to be proved to be
probated.
Proposed law provides that if the notarial testament complies with the provisions of proposed law
that make it self-proving, it does not have to be proved to be probated.
Proposed law provides that the provisions of proposed law apply prospectively and retroactively and
shall be applied to existing and pending claims but shall not revive prescribed claims or final and
definitive judgments.
Effective August 1, 2025.
(Amends C.C. Arts. 1575, 1576, and 1581 and C.C.P. Art. 2891; adds C.C.P. Art. 2887; repeals C.C.
Arts. 1577 - 1580.1)