Automated Summary
Deceased Name
Michelle Beth Roy Booth and Robert Mark Booth, Sr.
Key Facts
This case involves succession proceedings for Michelle Roy Booth (died March 1, 2015) and Robert Mark Booth, Sr. (died June 4, 2018), who left three children. The Booths' purported wills were found defective because the testators failed to sign pages one and three of the four-page wills, and the attestation clauses lacked required language about signatures on each page as mandated by La. Civ. Code art. 1577. The Court of Appeal reversed the trial court's judgment that had declared the wills valid, finding them to be absolute nullities under La. Civ. Code art. 1573, and remanded the matter for further proceedings. Michael Christopher Booth argued the wills were invalid, while Rebecca Michelle Booth argued they were valid despite the missing signatures.
Issues
- Whether the attestation clauses in the Booths' wills substantially comply with the requirements of La.Civ.Code art. 1577(2), which requires language indicating the testament was signed in the presence of the witnesses and notary on each and every page.
- Whether the wills of Michelle Roy Booth and Robert Mark Booth, Sr. are absolutely null under La.Civ.Code art. 1573 because the testators failed to sign all pages of the testament as required by La.Civ.Code art. 1577, which mandates that the testator sign at the end and on each separate page.
- Whether the trial court manifestly erred in finding that the wills were valid and should be executed when the wills contained material defects that render them absolutely null under Louisiana law.
Date of Death
2018 June 04
Holdings
The appellate court reversed the trial court's judgment declaring the wills of Michelle Roy Booth and Robert Mark Booth, Sr. valid. The court held that the wills were absolute nullities because the testators failed to sign each page of the wills as required by La. Civ.Code art. 1577, and the attestation clauses did not substantially comply with the statutory requirements. The case was remanded to the trial court for further proceedings.
Remedies
The appellate court reversed the trial court judgment that declared the wills valid and appointed Rebecca as independent executrix. The case was remanded to the trial court for further proceedings consistent with this opinion, as the appellate court found the attestation clauses lacked substantially similar language to statutory requirements and the wills were absolute nullities.
Will Type
Attested Will
Probate Status
The appellate court reversed the trial court's judgment that granted probate to Rebecca Michelle Booth as independent executrix, finding the decedents' wills to be absolute nullities due to defective execution formalities.
Legal Principles
Louisiana law presumes testaments are valid, but this presumption can only be rebutted with exceptionally compelling evidence of nonobservance of formalities. Under La. Civ. Code art. 1573, formalities prescribed for testament execution must be observed or the testament is absolutely null. The court held that the Booth wills lacked required signatures on multiple pages and contained attestation clauses that were not substantially similar to statutory requirements, rendering them absolute nullities.
Succession Regime
Louisiana Civil Code governs succession with notarial testament requirements
Precedent Name
- Succession of Dawson
- Successions of Toney
- Brown v. Sanders
- Matter of Succession of Biscamp
- Sylvester v. Fontenot
- In re Succession of Simonson
- In re Hendricks
- Succession of Daigle
- Succession of Ivey
- Succession of Holbrook
- Succession of Morgan
Executor Name
- Michael Christopher Booth
- Rebecca Michelle Booth
Cited Statute
- Louisiana Civil Code
- Louisiana Code of Civil Procedure
Executor Appointment
- Appointed as independent executrix by trial court
- Initially appointed as administrator, later removed by trial court
Judge Name
- Phyllis M. Keaty
- Elizabeth A. Pickett
- Candyce G. Perret
Beneficiary Classes
Child / Issue
Passage Text
- "In conclusion, we are convinced that the trial court manifestly erred in finding that the wills were valid."
- "Thus, we conclude that the attestation clauses at issue are not 'substantially similar' to the form requirements proscribed by Article 1577 and thus the wills are absolute nullities."
- "The formalities prescribed for the execution of a testament must be observed or the testament is absolutely null. La. Civ.Code art. 1573."