SUCCESSION OF BETTYE LOU THOMAS MOORE v. << (2022)

I concur with the majority in the denial of the writ application. The only requirements for an olographic will are that the will be entirely written, dated and signed in the handwriting of the testator. La. C.C. art. 1575. Much of the evidence in this case was irrelevant as it was more probative of undue influence, which was not at issue at trial, than whether the testatrix wrote, signed and dated the will. When divested of all extraneous evidence, not much remains. The two issues – undue influence and the form requirements of a will – are separate and distinct and should not be conflated.

McCALLUM, J., additionally concurs and assigns reasons.