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.
Six children questioned the will’s validity
The children initially argued that the will was invalid because Louis E. Lloyd Jr. was totally disabled and qualified as a forced heir under Louisiana law.They also questioned the signatures on the document. Lloyd’s name appeared in printed form on the first page but in cursive on the second. The children argued that this difference raised doubts about whether the will had been properly signed.In July 2024, the trial court declared Louis E. Lloyd Jr. a forced heir. The children later filed another motion in January 2025, seeking to have the will declared an absolute nullity.They argued that the document did not meet the legal requirements for a notarial testament. They also questioned whether it was the same document executed before the notary.Evelyn opposed the challenge, arguing that the children had to prove the will was invalid. However, on April 3, 2025, the trial court accepted their arguments and annulled the will. After her request for a new trial was rejected, Evelyn appealed.
Revised Louisiana law became relevant
While the appeal was pending, Louisiana revised its rules governing notarial wills through Act 30 of 2025, which came into effect on August 1, 2025.Under the earlier rules, a testator who could read and sign had to sign at the end of the will and on every separate page. The notary and two witnesses also had to sign a declaration confirming its execution.The revised law removed the requirement that the testator sign every page. It stated that the signature could appear anywhere in the document, provided it identified the testator and showed an intention to adopt it as their will.The changes applied retrospectively to pending cases. Since the dispute had not been finally decided when the law took effect, the appeals court said the revised requirements applied to Lloyd’s will.
Court says children failed to prove invalidity
The appeals court examined the will and the deposition of Linda E. Hodge, the notary who prepared it. Hodge testified that Lloyd had read the document and signed it in front of two witnesses, Marsha Strickland and Eugene Hodge Sr.She also identified another document carrying a “True Copy” stamp. It contained typographical errors, including an incorrect name for one of Lloyd’s children. However, Hodge could not clearly recall why it had been stamped or all the circumstances surrounding its preparation.The judges found that the will appeared to meet the revised legal requirements. It was written, dated and executed before a notary in the presence of two witnesses. It also carried the signatures of Lloyd, the witnesses and the notary.The court said Louisiana law presumes that a testament is valid. The responsibility to prove otherwise rested with the children who sought to annul it.The judges found that they had failed to establish that Lloyd had not signed or dated the document or that it had not been properly executed. The existence of another version did not, by itself, prove that the will was invalid.The appeals court reversed the August 12, 2026 amended judgment that had annulled the will. It sent the case back to the trial court for further proceedings and ordered the six children to pay the costs of the appeal.