Legal Question in Wills and Trusts in Louisiana

Re: Copy of Will

First, let me make certain that I understand how many wills we are discussing. You state that your grandmother "made a new will this summer" and then state that "the original will is at her attorney's office" and "she has a copy". Does the attorney have the "original" of the "new will" made this summer or is it an "original" of the old will made prior to this summer? I will formulate my remarks based on the presumption that the original of the "old will" (i.e., "pre-this summer") has been destroyed and/or discarded.

One should only have a single will at any given point in time--too many wills floating around can cause legal headaches and disputes over which version of the will(s) is "the will". Along the same lines, a court of law in Louisiana will give greater weight and credibility to a signed original over a photocopy or other version. If an original cannot be located or has been lost or destroyed, courts can approve ("probate") a copy if witnesses and/or the notary who notarized the original will attest to the copy's authenticity and verity to the missing/lost original. In general, a copy will not stand up against an original.

Many older lawyers routinely held and still hold the original wills which they prepare for their clients, believing that they can be better guardians of the document than their clients and also, to a lesser extent, thinking that by holding the original will, they will be first to know when the person ("testator/testatrix") dies and, thus, be the first choice as attorney for handling the succession. My own professional policy is that the client should get the one and only original will to be kept by the client in the client's "safe place" of choice. I do not want to be responsible for safeguarding wills for many years and I trust that my honesty and hard work will be sufficient to encourage the family to let me handle the succession when the time comes.

I do not think that "valid" is an accurate distinction to make in your case between the "original" at the lawyer's office and the "copy" being held by your grandmother. I think the "original" is simply that--the "original" [i.e., "the one and only"] and the document which will be sought/needed first when your grandmother passes away. In the face of the "original", your grandmother's "copy" is simply a record or reflection of the "original" but will generally not take precedence over the "original" if both were to end up before a judge during a succession proceeding.

If your grandmother has concerns about the "original's" security or safety while being held by the attorney, I would suggest that she--and no one else--seek to obtain the original from the attorney. If the attorney balks or refuses, she might consider going to another attorney who will not insist on keeping an original will, paying that new attorney to draft yet a newer will, revoking the prior will, and take the newest will to her safe deposit box or other "safe place of choice."