Opinion
NO. 2014 CW 1815
05-15-2015
IN THE MATTER OF THE SUCCESSION OF LAURA LOUISE NICHOLAS
In Re: Carmen Nicholas, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. P95118. BEFORE: GUIDRY, THERIOT AND DRAKE, JJ.
WRIT GRANTED. Failure of a will to satisfy the requirement of containing an attestation clause or clause of declaration signed by the witnesses and the notary required for a valid notarial will, could not be cured by having the witnesses and the notary appear before the' court and testify that they witnessed the signing, that the decedent had signed without fraud or duress, and that they signed the document in the presence of each other. See La. Civ. Code art. 1577. See also In re Succession of Richardson, 2005-0552 (La. App. 1st Cir. 3/24/06), 934 So.2d 749, writ denied, 2006-0896 (La. 6/2/06), 929 So.2d 1265. Moreover, the intent to make a testament, although clearly stated or proved, will be ineffectual unless the execution thereof complies with codal requirements. See Succession of Roussel, 373 So.2d 155, 157 (La. 1979). Accordingly, the trial court's ruling concluding that the testament is valid is reversed.
JMG
MRT
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT