Can Someone Under 18 Create a Will?

Creating a will is a wise choice for everyone, and it can settle your estate in the manner that you best see fit. If you want your house to be given to your son and your vehicle given to your niece, it’s a smart choice to have a will drafted in your name.

But, what if you’re under 18?

Persons under the age of 18 normally do not have much in the form of assets, but they may have been heirs of an estate, have a trust fund or have accrued some assets in their short lives.

The answer to the question, “can someone under 18 create a will?” is it depends. Each state will have their own laws in place that allow or disallow a will creation. If you live in Thibodaux, Louisiana and want to have a will drafted, you would be subject to: Louisiana Civil Code 1570, et seq.: Testaments.

Capacity to Make Donation Inter Vivos or Mortis Causa

An individual must have the full mental capacity to form a will. If a person is not able to comprehend or understand the nature of their decision, the will won’t stand up in court. A minor over the age of 16 can dispose mortis cause, if they’re in a prospect of death.

In the State of Louisiana, you would be able to create a will under the age of 18, but you must be older than 16.

But, the law does not state an age of consent for making a will. In most cases, a younger person that creates a will is not able to fully understand the consequences of the will itself. So, while a person may form a will under the age of 16, there is a chance that the will, will be overturned in the courts.

Louisiana also requires anyone that forges a will to write the will in writing, and at least two witnesses must be present during the signing of the will by the testator.

Your last will and testament is a very complicated, and complex matter. It is always best to contact an attorney that has experience with Louisiana State law to draft a will in your name. An attorney will follow state laws in accordance to code to ensure that your last wishes are carried out as per your directions.