Does the state recognize a Will that is typed and printed from a computer that is notarized with 2 witnesses or does it need to be handwritten?

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Does the state recognize a Will that is typed and printed from a computer that is notarized with 2 witnesses or does it need to be handwritten?

My sister was recently diagnosed with cancer and I came down from Rhode Island to help her with making a Will. We have made up her Will using my laptop and we need to know if we printed it out and have 2 witnesses and a notary sign it if the state of LA would honor it.

Asked on February 21, 2018 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

So the State of Lousiana strictly enforces how this is done.  There are certain requirements that MUST be followed:
 
 

Sign the will on each separate page of the will;
Sign the will at the end;
Do all signing in the presence of a notary and two competent witnesses; and
Declare or signify to the notary and two competent witnesses that the instrument is his testament.

 
In addition, the notaries and each of the two witnesses should sign a statement in the following form while the testator, the notary, and the two witnesses are all together:
 

In our presence the testator has declared or signified that this instrument is his testament and has signed it at the end and on each other separate page, and in the presence of the testator and each other we have hereunto subscribed our names this ____day of _________, ____.

 
This clause that the notary and two witnesses signs is called a witness attestation clause.  It is a statement by the witnesses and the notary that all of the testamentary formalities have been followed.  This requirement is strictly enforced. Failure to include it will invalidate the will.
There must also be a Testator attestation clause before the Testator signature or again, the Will can be invalidated. Good luck.
 


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