Sandra Gabor Dale passed away, leaving behind three children: Felicia, Christopher, and Michael. Felicia, named as the sole heir in a 2014 will, was granted possession of the entire estate. However, Christopher and Michael later contested this, presenting a 2016 will that divided the estate equally among the three siblings.
The dispute centered on the validity of the 2016 will. The trial court found it to be “absolutely null” due to non-compliance with the formalities required for a notarial testament under Louisiana law. The brothers appealed this decision.
The Court of Appeal upheld the trial court’s decision, affirming the invalidity of the 2016 will. It highlighted Louisiana Civil Code Article 1577, which outlines the specific requirements for a notarial testament:
- The testator must declare the document as their will in the presence of a notary and two witnesses.
- The testator must sign the will at the end and on each separate page.
- The notary and witnesses must sign an attestation clause confirming these formalities were met.
The 2016 will contained a disclaimer from the notary stating they hadn’t prepared or read the document, only attesting to the signatures. The court found that this disclaimer nullified the essential declarations required for a valid notarial will. It created ambiguity about whether the testator declared it her will and whether she signed it in the presence of the required parties.
Key Takeaways
- Strict Formalities for Wills: Louisiana law has strict requirements for executing a valid will. Any significant deviation can render the will invalid, potentially leading to unintended consequences for the distribution of your estate.
- The notary’s Role is Crucial: The notary public plays a vital role in ensuring a will’s validity. Their attestation clause confirms that all legal formalities have been followed. A notary’s disclaimer, as seen in this case, can invalidate the will.
- Consequences of an Invalid Will: If a will is declared invalid, the estate will be distributed according to Louisiana’s intestacy laws, which may not align with the deceased’s wishes.
- Importance of Legal Counsel: When creating or updating your will, seeking guidance from an experienced estate planning attorney is crucial. They can ensure your will is executed correctly, minimizing the risk of future disputes and ensuring your wishes are carried out.
The Succession of Sandra Gabor Dale case is a powerful reminder of the importance of meticulous will execution in Louisiana. A seemingly minor oversight can have significant consequences, leading to family disputes and the potential disregard of the deceased’s true intentions. If you’re considering creating or updating your will, consulting with an estate planning attorney is not just advisable—it’s essential. Protect your legacy and ensure your wishes are respected by taking legal steps today.
Additional Sources: IN THE MATTER OF THE SUCCESSION OF SANDRA GABOR DALE
Written by Berniard Law Firm
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