NOTARIAL TESTAMENT INVALIDATED

In re Succession of Smith, 49-118 (La. App. 2 Cir. 8/13/14), the Second Circuit considered whether the “attestation clause” of the notary and witnesses required for a notarial testament is satisfied by an attestation of the testator signed by the witnesses and notary.In general, in order for a notarial testament to be valid as to form: (1) the testator must declare or signify in the presence of a notary and two witnesses that the instrument is his last will and testament; (2) the testator must sign his name at the end of the testament and on each separate page; and (3) the notary and two witnesses must sign a declaration in the presence of each other and the testator attesting that the testator declared that the instrument is his last will and testament in their presence. In the case at hand, the court held that the attestation clause at was an attestation clause of the testator, and not of the notary and two witnesses as required. In keeping, the court held that this defect invalidated the notarial testament.