Tuesday, June 28, 2016
Dorothy F. Jackson recently published an Article entitled, Contemporary Issues on Louisiana Law: Successions—To Be Shared Equally or to Share and Share Alike?, S.U. L. Rev. (forthcoming Spring 2016). Provided below is an introduction to the Article:
For many years, lawyers have sought to draft last wills and testaments in an effort to comport with their clients’ wishes and to appeal to their clients’ intellectual sensibilities. Sometimes lawyers are tempted to use flowery words or phrases to impress the prospective testator, who is a lay person. A thorough reading of the Louisiana Civil Code’s provisions on legacies, joint or otherwise, should be carefully studied and understood by the attorney or notary before preparing or drafting a last will and testament. This article suggests that based upon the ambiguities that can result from the inarticulate drafting of wills, it may be necessary to amend or revise (once again) Louisiana Civil Code article 1588, which governs legacies made to more than one individual. Failure to use words that are clear and unambiguous, based upon the ordinary meaning of words, has resulted in some of the simplest drafted wills failing to comport with the client’s express intent.
Part I of this article will analyze the Lambert decision and discuss how various Louisiana courts have interpreted Lambert. Part II will discuss the Succession of Lain decision and the confusion surrounding it, its likely impact on the issue and the opportunity for future rulings (i.e. the new appeal). Finally, Part III will provide suggestions for a final resolution to the problem, one of which is to revise or amend Louisiana Civil Code article 1588 in order to avoid the confusion set forth in the Succession of Lain.