The Louisiana Court of Appeal, First Circuit, reversed a lower court's annulment of Louis Edward Lloyd Sr.’s 2015 testament, formally restoring his wife, Evelyn Robertson Lloyd, as the sole legatee. Six of Lloyd's nine children from an earlier relationship challenged the document following his 2021 death, citing forced heirship claims, notarial deficiencies, and signature discrepancies. However, the preparing notary testified that Lloyd read the will and properly signed it in the presence of two witnesses. The appellate panel determined that minor typographical errors and alternate stamped copies failed to prove invalidity, and it assessed all appeal costs against the six challenging childr…
Key points
Minor typographical errors and the existence of an alternate stamped copy are insufficien…: Minor typographical errors and the existence of an alternate stamped copy are insufficient to invalidate a Louisiana testament.
Testimony from the preparing notary confirmed the testator read and signed the document b…: Testimony from the preparing notary confirmed the testator read and signed the document before two witnesses, satisfying statutory intent standards.
The appellate court remanded the succession for further proceedings while ordering the si…: The appellate court remanded the succession for further proceedings while ordering the six challenging children to pay the costs of the appeal.
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A Louisiana appeals court has restored the validity of a man's 2015 will, which left all his property to his wife. The court reversed a lower court ruling that had declared the will invalid after six of his nine children challenged it. The judgment was delivered by the Louisiana Court of Appeal, First Circuit, on November 6.
Louis Edward Lloyd Sr. died in 2021, leaving behind his wife, Evelyn Robertson Lloyd, and nine children. Three children were born from his marriage to Evelyn, while the other six were from a different relationship.
According to the
judgement, in his will, he wrote in 2015, Lloyd left all his property, including his separate and community property, to Evelyn. She approached the court in December 2021, seeking recognition as the sole legatee and possession of his estate. The trial court accepted her request and issued a judgment recognising her as the sole legatee.
However, six of Lloyd's children challenged the decision in October 2022, seeking to annul the will and reopen the succession proceedings.
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