A Cautionary Tale for Louisiana Testators: “Shall Sign His Name” Means Exactly That

On April 3, 2024, the Louisiana Supreme Court issued its decision in Succession of Frabbiele, 2024-CC-00091 (La. 4/3/24), ___ So.3d ___, addressing what might seem like a small technicality—but one with enormous repercussions: whether putting one’s initials on each page of a notarial will, instead of fully signing one’s name, satisfies Louisiana Civil Code article 1577(1). The Court emphatically said “No.” The testament at issue was declared absolutely null, reinforcing a strict application of Louisiana’s will form requirements.

For anyone contemplating or advising on will formalities in Louisiana, the ruling underscores two critical points:

1. Use your usual, normal signature(i.e., how you typically sign your name, not simply initials) on every pageof the testament.
2. Consistency is key—variations between pages (like initials on one page, a partial signature on another, and a full signature somewhere else) can invite expensive and time-consuming will contests.

Below is a summary of the Court’s reasoning, the dissents, and how Succession of Frabbiele fits alongside Succession of Toney, Succession of Liner, and Succession of Morgan—a case in which I had the privilege of representing the successful party.

The Facts of Succession of Frabbiele

The testator, Mr. John Wallace Frabbiele, executed a three-page notarial will. On the first two pages, he placed only his initials—albeit in cursive. On the third page, after the attestation clause, he wrote out his full name. Following Mr. Frabbiele’s death, his widow sought to probate the will. The decedent’s adult children opposed probate, arguing the will failed to meet the “shall sign his name” requirement in Louisiana Civil Code article 1577(1). Specifically, Article 1577(1) mandates that if a testator can read and sign his name, he must do so “at the end of the testament and on each other separate page.”

Both the trial court and the court of appeal considered the deviation (initials instead of a full signature) a minor imperfection, treating it as “substantial compliance” under Succession of Liner. The Louisiana Supreme Court, however, reversed, holding the deviation material and fatal to the will’s validity.

Key Takeaways from the Majority Opinion

1. “Shall Sign His Name” Is Mandatory

Article 1577(1) could not be clearer: if you can sign your name, you must sign your name on every page of the will. Initials, stamps, or partial signatures will not suffice. Because “shall” is interpreted as mandatory in Louisiana law, any deviation triggers absolute nullity (see La. C.C. art. 1573).

2. Initials vs. Signature

The Court noted that a person’s full signature is generally more unique and less susceptible to fraud. By contrast, initials—whether cursive or printed—are easier to replicate, weakening the will’s safeguard against imposition or substitution.

3. No Fraud Required

Even absent evidence of fraud or wrongdoing, the Court strictly applies the form requirements. The principle is that relaxing one requirement because “it seems harmless in this case” would open the door to future fraud.

4. No “Substantial Compliance” for Signatures

The Court drew a sharp line between the attestation clause language of Article 1577(2), which can be “substantially similar,” and the strict signature requirements of Article 1577(1). Succession of Liner addressed only the attestation clause, not the requirement that a testator “sign his name.” Liner did not overrule Succession of Toney on the question of how (and where) the testator must sign.

5. Consistent Signatures

The Court emphasized that using a single, consistent signature throughout reduces disputes over authenticity. A “normal” or “usual” signature on every page meets the codal formalities.

The Dissents: A Different Perspective

Several justices dissented (or concurred in part and dissented in part), taking the position that the testator’s “habitual inscription” might include his initials. They argued courts should give a testator’s “mark”—whatever it may be—some leeway if the attestation clause is complete and there is no suggestion of fraud. But the majority opinion found these arguments unpersuasive, reinforcing that “signing your name” means something more exacting than simply putting your initials or partial scribbles.

How Succession of Frabbiele Fits in with Toney, Liner, and Morgan

• Succession of Toney (2017): The Louisiana Supreme Court ruled that purely initialing each page (in print form) rather than signing in full is a material deviation that invalidates a notarial will. Toneystands for the proposition that the testator must use his or her full signature on each page.
• Succession of Liner (2021): Some courts construed Linermore broadly than intended. Liner held that a testament could still be valid if the attestation clause deviated slightly from the standard language, so long as there was “substantial compliance” with Article 1577(2). However, Liner never addressed the separate requirement in Article 1577(1) that the testator sign his name on every page. The Frabbiele Court explicitly reminds readers that Liner concerned only the attestation clause language, not the signature requirement.
• Succession of Morgan (2023): In Morgan, the Supreme Court reiterated that Liner’s “substantial compliance” principle applied exclusively to the attestation clause portion of Article 1577(2). Morganalso confirmed the continuing vitality of Toney’s insistence on a full signature for each page. (I was honored to represent the successful party in Morgan, where the Court clearly held that the signature requirements remain strict.)

In Frabbiele, the Court once again affirmed that the requirement to “sign his name” at the end and on each page is absolutely mandatory. Liner did not and does not overrule Toney. Indeed, Frabbiele simply echoes the same principle found in Toney and reaffirmed in Morgan—signatures (not initials) on every page, or the will is invalid.

Practical Guidance for Louisiana Testators

1. Use Your Full Signature

Whether you generally sign as “John Q. Public,” “J. Public,” or “Johnny Public,” be consistent! If you customarily sign legal documents in one style, use that same style on every page of your will.

2. Avoid Using Just Initials

Even if you think your initials are stylized or distinctive, that will not meet the statutory requirement. The Supreme Court has now made this abundantly clear.

3. Sign in the Presence of Your Notary and Witnesses

Remember that the presence requirement (you, the notary, and the witnesses must all sign in each other’s presence) is also strictly enforced. Make sure you follow each step laid out in Article 1577.

4. Keep Consistency Throughout

If you have a three-page will, do not sign pages one and two with an abbreviated or “short” signature and then scrawl a fuller version on page three. Discrepancies in penmanship, length, or style can invite costly challenges.

5. Review the Attestation Clause Language

You still need a “substantially similar” attestation clause in compliance with Article 1577(2). But that clause will not save you if you fail to sign properly on each page.

6. When in Doubt, Consult an Attorney

Louisiana testamentary law is famously strict. If you are planning to draft or revise your will, work with a qualified attorney to avoid pitfalls that may render your last wishes unenforceable.

Conclusion

The Frabbiele decision cements what Toney and Morgan had already made clear: Louisiana’s mandatory signature requirement in Article 1577(1) is not flexible. You cannot rely on “substantial compliance” when it comes to actually signing your will. Succession of Liner did not create a broad exception—its holding is confined to deviations in the attestation clause, not the signature requirement.

For testators, the message is straightforward: sign your full, usual name on each page of your will, exactly as Article 1577(1) requires. Take the time to ensure your signature is consistent and that all formalities are strictly observed. Failing to do so risks having your entire testament declared absolutely null.

If you have any questions regarding the content of this blog post or wish to ensure your will is in compliance with the latest jurisprudence, consider reaching out to a Louisiana succession attorney at Field Law. Strict form requirements may seem cumbersome, but with proper guidance, they serve to protect your wishes and prevent costly, time-consuming litigation over an improperly executed testament.