You may think of a will as a single, straightforward document. But in Louisiana, estate planning includes several types of wills, each one with a distinct purpose.
Knowing your options helps you choose the right tools for your personal and family goals. While most people start with a simple will, there are other types that can offer structure, clarity, or emotional depth.
Understanding the differences between these documents can make your planning more intentional. Here’s a breakdown of the most common types of wills you might include in your estate plan.
The Simple Will: A Foundational Document
A simple will, or what we like to call an “I love you” will, is the most basic form of estate planning. You use it to name heirs, designate an executor, and appoint a tutor (guardian) for your minor children. In Louisiana, a simple will must meet specific requirements under state law to be valid.
In Louisiana, there are two recognized forms of wills: olographic and notarial. An olographic will is entirely handwritten, dated, and signed by you.
A notarial will is prepared in writing, signed in front of a notary and two witnesses, and follows a formal declaration process. Louisiana does not recognize oral wills, and foreign wills may not be valid unless they meet local criteria.
A simple will is especially useful if your estate is modest, your wishes are clear, and you’re not using more advanced planning tools like trusts.
The Living Will: Planning for Medical Decisions
A living will is different from other types of wills because it has nothing to do with your assets. In Louisiana, this document is known as a Declaration Concerning Life-Sustaining Procedures.
It allows you to state your preferences about life support and other medical interventions if you are terminally ill or permanently unconscious and unable to communicate. You can authorize or decline treatments like artificial nutrition, hydration, and mechanical ventilation.
This document offers peace of mind to both you and your loved ones. It removes guesswork in a stressful medical crisis and ensures that your values guide your care, even when you can’t speak for yourself.
The Pour-Over Will: Supporting Your Trust
If you have a revocable living trust, you also need a pour-over will. This type of will acts as a backup to your trust. It directs any assets that were not transferred into the trust during your lifetime to “pour over” into it upon your death.
In Louisiana, this tool helps make sure all of your property eventually ends up in the trust, even if you acquired it later or forgot to retitle it. While these assets still pass through succession (Louisiana’s version of probate), they’ll ultimately follow the terms of the trust you created.
A pour-over will also lets you name an executor and appoint a tutor for your children, making it a valuable complement to your trust-based estate plan.
The Ethical Will: Passing on Values, Not Just Assets
Unlike the other documents discussed, an ethical will isn’t a legal document. It doesn’t distribute property or direct medical care. Instead, it allows you to share your values, personal stories, beliefs, and life lessons with your family.
People use ethical wills to explain the choices behind their estate plan, offer guidance to future generations, or express gratitude and love. You might include hopes for your children’s future, reflections on your life, or explanations about charitable gifts.
While not legally binding, an ethical will can be one of the most meaningful parts of your plan. It adds a personal dimension that no financial document can replace.
Choosing the Right Combination for Your Needs
No single document covers every situation. You may need more than one type of will, or a combination of wills and trusts, to meet your goals.
A living will and a simple will often go hand in hand. If you’re using a trust, a pour-over will becomes essential. And if you want to leave more than just instructions, an ethical will adds a personal layer to your legacy.
Each document plays a role in a comprehensive plan that reflects your wishes and supports your loved ones.
Legal Counsel Is Invaluable in Louisiana
Louisiana’s estate planning rules are based on civil law, not common law, like most other states. That means our laws about wills, succession, and property rights can differ significantly from what you read online.
Working with a licensed Louisiana estate planning attorney helps you create valid documents and avoid costly mistakes.
You can set the wheels in motion by calling our Metairie or Covington estate planning offices at 504-831-2348 or using our contact form to send us a message.
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