Committee approves SB 49 to simplify Louisiana's will-making process

The Louisiana Legislature made significant strides in civil law during its recent meeting on May 12, 2025, by advancing House Bill 74 and discussing Senate Bill 49, both aimed at reforming the state's will-making process.

House Bill 74 was reported as amended without objection, signaling strong bipartisan support for the proposed changes. This bill is expected to streamline legal processes and enhance access to justice for Louisiana residents.

Senate Bill 49, presented by Professor Ron Scalise from Tulane Law School, seeks to simplify the requirements for creating valid wills in Louisiana. For nearly two centuries, the state has adhered to a complex civil law tradition that has often led to individuals dying intestate due to minor technical errors in will execution. Scalise highlighted that the current system has resulted in many wills being invalidated over trivial mistakes, such as incorrect signatures or missing clauses.

The proposed legislation aims to preserve essential safeguards while reducing the stringent requirements that have historically complicated the will-making process. Under the new bill, a notarial will would remain valid if it is written, signed by the testator, and notarized, thus allowing more individuals to ensure their wishes are honored after death. Scalise emphasized that even with these changes, Louisiana would still maintain more rigorous protections than any other state in the U.S.

The bill also addresses the needs of individuals with disabilities by eliminating outdated provisions that complicated the will-making process for those with infirmities. This change is expected to make it easier for all residents, regardless of their circumstances, to create valid wills.

As the legislature moves forward with these reforms, the implications for Louisiana residents are significant. By simplifying the will-making process, lawmakers hope to reduce the number of individuals who die without a will, ensuring that more people can pass on their estates according to their wishes. The next steps will involve further discussions and potential adjustments to the bills before final approval.