Louisiana Civil Code

Table of Contents (Download PDF)

SECTION 5 - PROBATE OF TESTAMENTS

Art. 1605. A testament has no effect unless it is probated in accordance with the procedures and requisites of the Code of Civil Procedure. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

 

SECTION 6 - REVOCATION OF TESTAMENTS AND LEGACIES

Art. 1606. A testator may revoke his testament at any time. The right of revocation may not be renounced. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1607. Revocation of an entire testament occurs when the testator does any of the following:

(1) Physically destroys the testament, or has it destroyed at his direction.

(2) So declares in one of the forms prescribed for testaments or in an authentic act.

(3) Identifies and clearly revokes the testament by a writing that is entirely written and signed by the testator in his own handwriting. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1608. Revocation of a legacy or other testamentary provision occurs when the testator:

(1) So declares in one of the forms prescribed for testaments.

(2) Makes a subsequent incompatible testamentary disposition or provision.

(3) Makes a subsequent inter vivos disposition of the thing that is the object of the legacy and does not reacquire it.

(4) Clearly revokes the provision or legacy by a signed writing on the testament itself.

(5) Is divorced from the legatee after the testament is executed and at the time of his death, unless the testator provides to the contrary. Testamentary designations or appointments of a spouse are revoked under the same circumstances. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1609. The revocation of a testament, legacy, or other testamentary provision that is made in any manner other than physical destruction of the testament, subsequent inter vivos disposition or divorce is not effective if the revocation itself is revoked prior to the testator's death. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1610. Any other modification of a testament must be in one of the forms prescribed for testaments. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1610.1. The same causes that authorize an action for the revocation of a donation inter vivos are sufficient to authorize an action for revocation of testamentary dispositions. [Acts 2001, No. 824, §1]

 

SECTION 7 - RULES FOR THE INTERPRETATION OF LEGACIES

Art. 1611. A. The intent of the testator controls the interpretation of his testament. If the language of the testament is clear, its letter is not to be disregarded under the pretext of pursuing its spirit. The following rules for interpretation apply only when the testator's intent cannot be ascertained from the language of the testament. In applying these rules, the court may be aided by any competent evidence.

B. When a testament uses a term the legal effect of which has been changed after the date of execution of the testament, the court may consider the law in effect at the time the testament was executed to ascertain the testator's intent in the interpretation of a legacy or other testamentary provision. [Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 560, §1, eff. June 22, 2001]

Art. 1612. A disposition should be interpreted in a sense in which it can have effect, rather than in one in which it can have none. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1613. If the identification of an object given is unclear or erroneous, the disposition is nonetheless effective if it can be ascertained what object the testator intended to give. If it cannot be ascertained whether a greater or lesser quantity was intended, it must be decided for the lesser. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1614. Absent a clear expression of a contrary intention, testamentary dispositions shall be interpreted to refer to the property that the testator owns at his death. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1615. When a testament contains contradictory provisions, the one written last prevails. Nonetheless, when the testament contains a legacy of a collection or a group of objects and also a legacy of some or all of the same objects, the legacy of some or all of the objects prevails. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Art. 1616. A legacy to a creditor is not applied toward satisfaction of the debt unless the testator clearly so indicates. [Acts 1997, No. 1421, §1, eff. July 1, 1999]

Content for this section is blank.