If my mother had a formally executed Will but during the last months of her life she hand wrote a codicil making changes, is the codicil valid?
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If my mother had a formally executed Will but during the last months of her life she hand wrote a codicil making changes, is the codicil valid?
I have a formally executed Will from my mother who is now deceased. During the last months of her life she hand wrote a codicil; it is completely handwritten and notarized but not signed by witnesses. From what I have read online the codicil should have been witnessed by at least 2 people just like the formal Will. Is the codicil valid without the 2 witnesses signatures?
Asked on March 21, 2012 under Estate Planning, Louisiana
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
The state of lousiana does recognize a holographic will but has specific requirements for it. The validity of the such a will is often challenged. If the codicil is deemed valid, then it can revoke the previous will if it specifically does so. If not, then it serves to republish everything the last will has. Any conflict in the two will be deemed revoked.
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