What Is the Difference Between an Olographic and Notarial Will in Louisiana?

In Louisiana, a person who wishes to make a written disposition of their property upon death can do so by executing a testament. In most jurisdictions, this same document is known as either a will or a last will and testament. But all three terms refer to the same type of legal document.

Olographic Testaments

The Louisiana Civil Code recognizes two types of testaments: olographic and notarial. An olographic testament, also called a holographic will in some states, is a will that is “entirely written, dated, and signed in the handwriting of the testator,” that is, the person making the will. The signature and date can appear anywhere in the document. It does not need to be notarized. The testator can also make further additions or deletions to the olographic testament by doing so in their own hand.

Notarial Testaments

A notarial testament is prepared in writing, usually printed from a computer, and written, dated, and executed in the presence of a notary public and two witnesses. The testator, witnesses, and notary must all sign the will in each other’s presence. A notarial testament requires the testator to sign the bottom of every page as well as the confirmation at the end and the separate attestation clause.

The Risks of Handwritten Wills

Olographic wills are more informal in nature. But they do carry certain risks. While you do not need to have a handwritten will witnessed at the time of execution, Louisiana Civil Code still requires the testimony of two credible witnesses to prove the testament was “entirely written, dated, and signed in the testator’s handwriting.” When the will is probated, this is usually done by having the witnesses file an affidavit after the testator’s death. With a notarial testament, in contrast, the document is witnessed and notarized at the time of execution, which generally means it is much easier to prove in court. (The notary’s affidavit effectively means the will is “self-proving.”)

Another consideration is that if a person owns property outside of Louisiana, an olographic testament may not be recognized by the foreign state.

Olographic wills often fail to include provisions to make the succession process smoother for their heirs. Individuals who write such wills without the advice or assistance of an attorney often fail to address certain issues adequately. For example, an olographic testament may provide for a distribution of property but fail to nominate a succession representative (executor). Such omissions can lead to legal conflict between family members over what the deceased actually intended.

Contact a Baton Rouge Wills Attorney Today

In 2025, the Louisiana State Legislature overhauled many of the state’s laws dealing with both olographic and notarial testaments. This is yet another reason to consult with a qualified Baton Rouge wills lawyer before preparing your own testament. Contact Magnolia Law today at 225-263-6713 to schedule a consultation.