Louisiana Will and Trust Laws: Olographic and Notarial Testaments (2026)

Louisiana recognizes two forms of testament (the civil-law word for a will): "There are two forms of testaments: olographic and notarial" (La. C.C. art. 1574). An olographic testament is entirely written, dated and signed in the testator's own handwriting, with no witnesses or notary (art. 1575); a notarial testament is written, dated, executed before a notary public in the presence of two witnesses, and signed by the testator, each witness and the notary (art. 1576). A person who has reached 16 may make a testament (art. 1476). Living trusts are governed by the Louisiana Trust Code, La. R.S. 9:1721 and following.

Louisiana is a civil-law state, and its rules differ from every other state on the wills and trusts laws by state map. Children 23 or younger, and children of any age who are permanently incapable of caring for themselves, are forced heirs who cannot be left out without just cause. An inter vivos trust needs an authentic act or a two-witness acknowledged act. And a Louisiana trust is revocable only if the settlor reserved the right to revoke it. In 2025, Acts 2025, No. 30 rewrote the olographic and notarial testament articles and repealed articles 1577 through 1580.1.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Louisiana law on making, proving, changing and revoking testaments (Louisiana Civil Code articles 1467-1625 and Code of Civil Procedure articles 2883-2891), forced heirship and the surviving spouse's usufruct as limits on a testament, and inter vivos trusts under the Louisiana Trust Code (La. R.S. 9:1721 and following). It does not cover what happens when someone dies without a testament or how a succession is opened and administered (see Louisiana probate), small successions (see the Louisiana small estate affidavit page), powers of attorney (see Louisiana power of attorney laws), or taxes. A living will is a health-care directive, not a testament; see the Louisiana advance directive tool.

What makes a testament valid in Louisiana?

Who may make a testament

Age is set by Civil Code article 1476: "A minor under the age of sixteen years does not have capacity to make a donation either inter vivos or mortis causa, except in favor of his spouse or children. A minor who has attained the age of sixteen years has capacity to make a donation, but only mortis causa." A testament is a donation mortis causa, so a person who has reached 16 may make one.

Mental capacity is in article 1477: the person "must also be able to comprehend generally the nature and consequences of the disposition that he is making." Under article 1482(A), a person who challenges capacity "must prove by clear and convincing evidence that the donor lacked capacity at the time the donor made the donation inter vivos or executed the testament." A full interdict lacks capacity to make or revoke a testament (1482(B)); a limited interdict is presumed to lack it as to property under the curator's authority, a presumption that can be rebutted by a preponderance of the evidence (1482(C)).

Formalities are strict

Article 1573 sets the consequence of a mistake: "The formalities prescribed for the execution of a testament must be observed or the testament is absolutely null." Louisiana has no harmless-error rule that lets a court excuse a missing formality.

Two other limits apply to every testament. Under article 1571, "A testament may not be executed by a mandatary for the testator. Nor may more than one person execute a testament in the same instrument." A mandatary (an agent acting under a power of attorney) cannot execute a testament for the testator, and two people cannot make a joint testament in one document. A notarial testator who is unable to sign may instead direct another person to sign on his behalf and in his presence (art. 1576(A)).

The olographic (handwritten) testament

Yes, Louisiana recognizes handwritten wills. Article 1575, as rewritten by Acts 2025, No. 30, provides:

"A. An olographic testament is one entirely written, dated, and signed in the handwriting of the testator. The olographic testament is subject to no other requirement as to form. B. The signature may appear anywhere in the testament and is sufficient if it identifies the testator and evidences an intent by the testator to adopt the document as the testator's testament. C. The date may appear anywhere in the testament, may be clarified by extrinsic evidence, and is sufficient if it resolves those controversies for which the date is relevant." (La. C.C. art. 1575)

Three requirements, all in the testator's own hand: written, dated and signed. No witnesses and no notary are required. Under article 1575(D), additions and deletions made after the testament is executed "may be given effect only if made by the hand of the testator and need not comply with the formalities for the execution of a will or the revocation of a legacy."

At probate, the olographic testament "must be proved by the testimony of two credible witnesses that the testament was entirely written, dated, and signed in the testator's handwriting" (La. C.C.P. art. 2883(A)). That testimony may be given by an affidavit executed after the testator's death, unless the court requires live testimony (2883(B)).

The notarial testament

A typed or printed testament must be notarial. Article 1576(A) sets the form:

"The notarial testament shall be prepared in writing, dated, executed before a notary public in the presence of two witnesses, and signed by the testator, each witness, and the notary. If a testator is unable to sign, the testator may affix his mark in place of signing or direct another person to sign on behalf of the testator and in the presence of the testator." (La. C.C. art. 1576(A))

As with the olographic form, article 1576(B) and (C), added by Acts 2025, No. 30, let the signature appear anywhere if it identifies the testator and shows intent to adopt the document, and let the date appear anywhere and be clarified by extrinsic evidence.

Who can witness

Under article 1581, "A person cannot be a witness to any testament if the person is insane, blind, under the age of sixteen, or unable to sign his name."

A witness or the notary who receives a legacy does not spoil the testament, but loses the gift. Article 1582: "The fact that a witness or the notary is a legatee does not invalidate the testament. A legacy to a witness or the notary is invalid, but if the witness would be an heir in intestacy, the witness may receive the lesser of his intestate share or the legacy in the testament."

Does a Louisiana testament need to be notarized? Self-proving under C.C.P. 2887

An olographic testament never needs a notary. A notarial testament is, by definition, executed before one.

The self-proving rule for a notarial testament is Code of Civil Procedure article 2887, enacted by Acts 2025, No. 30. Under 2887(A)(1), a notarial testament executed under article 1576 "does not need to be proved if it is signed on each separate page at the time of execution and is accompanied by either of the following declarations":

• a declaration in the testament itself, signed by the notary and the subscribing witnesses, or
• a declaration in an affidavit attached to the testament but executed after it, signed by the notary and the witnesses who subscribed to the will.

The statute gives the wording of each declaration; this page does not reproduce it. If someone signed for the testator at the testator's direction, that person signs each page and the declaration is modified to say so (2887(A)(2)). Under article 2891, a notarial testament that complies with 2887(A) does not need to be proved: "Upon production of the testament, the court shall order it filed and executed and this order shall have the effect of probate."

A notarial testament that does not meet 2887(A) "shall be proved to have been signed by the testator or by another person at the testator's direction either by the testimony of the notary and at least one of the subscribing witnesses or by the testimony of the two subscribing witnesses" (2887(B)(1)). The succession process itself is covered on the Louisiana probate page.

Oral (nuncupative) testaments

Louisiana does not allow a new oral will. Article 1574 names only two forms, olographic and notarial, and both must be in writing.

The term "nuncupative" survives in the Code of Civil Procedure for testaments made under the forms in use before the current articles took effect on July 1, 1999. Article 2884 still sets how a "nuncupative testament by private act" is proved, and article 2891 still refers to a "nuncupative testament by public act" and a "statutory testament." Those are older written forms, not oral wills, and no new testament can be made in them.

Electronic wills and remote witnessing

Louisiana has no electronic-will statute. Article 1576 requires the notarial testament to be "executed before a notary public in the presence of two witnesses," and article 1575 requires the olographic testament to be written in the testator's handwriting. The Louisiana Uniform Electronic Transactions Act "shall not apply to: (1) A transaction to the extent it is governed by a law governing the creation and execution of wills, codicils, or testamentary trusts" (La. R.S. 9:2603(B)(1)).

Remote notarization does not fill the gap. Louisiana's remote online notarization statute provides that "Testaments or codicils thereto" and "Trust instruments or acknowledgments thereof" "shall not be executed by remote online notarization" (La. R.S. 35:623(B)). The 2020 COVID-19 law that gave video notarizations signed on or after March 11, 2020, and before May 1, 2020, the same effect as in-person acts also excluded "any testament, trust instrument, donation inter vivos" (R.S. 35:702(B), Acts 2020, No. 131).

Changing or revoking a Louisiana testament

The right to revoke

Under article 1606, "A testator may revoke his testament at any time. The right of revocation may not be renounced."

Revoking the whole testament

Under article 1607, revocation of an entire testament occurs when the testator:

1. "Physically destroys the testament, or has it destroyed at his direction."
2. "So declares in one of the forms prescribed for testaments or in an authentic act."
3. "Identifies and clearly revokes the testament by a writing that is entirely written and signed by the testator in his own handwriting."

Revoking a single legacy

Under article 1608, revocation of a legacy or other testamentary provision occurs when the testator declares it in a testament form, makes a later incompatible testamentary disposition, makes a later inter vivos disposition of the thing and does not reacquire it, or "Clearly revokes the provision or legacy by a signed writing on the testament itself." Divorce is the fifth ground, below.

Under article 1609, a revocation made "in any manner other than physical destruction of the testament, subsequent inter vivos disposition or divorce is not effective if the revocation itself is revoked prior to the testator's death."

Divorce

Article 1608(5) revokes a legacy when the testator:

"Is divorced from the legatee after the testament is executed and at the time of his death, unless the testator provides to the contrary. Testamentary designations or appointments of a spouse are revoked under the same circumstances." (La. C.C. art. 1608(5))

Both timing conditions apply: the divorce comes after the testament is executed, and the testator is still divorced from the legatee at death.

A separate rule covers inter vivos trusts. Under La. R.S. 9:2047(A), "A divorce of the settlor revokes every provision that may be revoked or modified by the settlor in an inter vivos trust designating or appointing the settlor's former spouse unless expressly provided otherwise in the trust instrument or in a judgment or a property settlement agreement." A trustee without actual knowledge of the divorce, judgment or settlement "is not liable for actions taken in good faith regarding the settlor's former spouse" (9:2047(B)).

By their terms, article 1608(5) reaches the testament and R.S. 9:2047 reaches inter vivos trusts.

Two statutes enacted in 2024 reach beneficiary designations. In all policies of life or endowment insurance and all annuity contracts, divorce "revokes any revocable designation made by a divorced individual to the former spouse" (La. R.S. 22:911.1(A)). Divorce likewise "revokes any benefit payable to the former spouse by reason of the individual's death under any pension, profit-sharing, retirement, or similar benefit plan" (R.S. 9:2449.1(A)). Each applies only if "the divorce occurs after the beneficiary is designated, the parties remained divorced from each other at the time of death, and no judgment or property-settlement agreement expressly provides otherwise"; the proceeds are then payable as if the former spouse had predeceased the decedent. Limits:

• Prospective only. Acts 2024, No. 94, effective August 1, 2024, "shall not apply to beneficiaries named prior to the effective date of this Act."
• Public retirement plans excluded. R.S. 9:2449.1 "shall not apply to any beneficiary designation made pursuant to the Louisiana Public Retirement Law" (9:2449.1(C)).
• Payor protection. A payor who pays in good faith on the designation before receiving written notice of the divorce, judgment or property-settlement agreement and having a reasonable time to act is not liable (22:911.1(B), 9:2449.1(B)).
• Federal law. For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans (see the wills and trusts hub for the federal layer).

Limits on what a Louisiana testament can do

Forced heirship

Louisiana reserves part of the estate for forced heirs. Under article 1493(A), "Forced heirs are descendants of the first degree who, at the time of the death of the decedent, are twenty-three years of age or younger or descendants of the first degree of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates at the time of the death of the decedent." For this purpose, a person is 23 or younger "until he attains the age of twenty-four years" (1493(D)). Grandchildren represent a predeceased child only in the cases in 1493(B) and (C).

Article 1495 sets the size: donations "may not exceed three-fourths of the property of the donor if he leaves, at his death, one forced heir, and one-half if he leaves, at his death, two or more forced heirs." The reserved part is the forced portion; the rest is the disposable portion. Under article 1494, a forced heir "may not be deprived of the portion of the decedent's estate reserved to him by law, called the legitime, unless the decedent has just cause to disinherit him."

Disinherison. A forced heir loses the legitime only if disinherited "for just cause, in the manner prescribed" (art. 1617), and "The testator shall express in the instrument the reason, facts, or circumstances that constitute the cause for the disinherison; otherwise, the disinherison is null" (art. 1624).

2026 exception for very wealthy incapable heirs. Acts 2026, No. 11 enacted La. R.S. 9:2374, effective August 1, 2026. Notwithstanding article 1495, a forced heir who has reached the age of majority, is permanently incapable of caring for his person or administering his estate, and "has a direct or beneficial net worth in excess of fifty million dollars as a trust beneficiary or otherwise, shall have a forced portion of one dollar."

A child who is not a forced heir has no reserved share; Louisiana's protection for children runs through forced heirship rather than an omitted-child statute.

Burdens on the legitime and the spouse's usufruct

Under article 1496, "No charges, conditions, or burdens may be imposed on the legitime except those expressly authorized by law, such as a usufruct in favor of a surviving spouse or the placing of the legitime in trust."

Under article 1499, the decedent "may grant a usufruct to the surviving spouse over all or part of his property, including the forced portion." The usufruct is for life unless the testament sets a shorter period, and a usufruct over the legitime in favor of the surviving spouse "is a permissible burden that does not impinge upon the legitime."

Community property and the surviving spouse

Louisiana does not give a surviving spouse an elective share of the estate. The spouse's protections include the community-property half, the marital portion described below and, where the decedent leaves descendants and does not dispose of his share of the community by testament, the usufruct in article 890. Under article 2336, "Each spouse owns a present undivided one-half interest in the community property," so a testament disposes of the testator's half. If the decedent leaves descendants and does not dispose of his share of the community by testament, article 890 gives the surviving spouse a usufruct over it that "terminates when the surviving spouse dies or remarries, whichever occurs first." What passes without a testament is covered on the Louisiana probate page.

Marital portion. "When a spouse dies rich in comparison with the surviving spouse, the surviving spouse is entitled to claim the marital portion from the succession of the deceased spouse" (La. C.C. art. 2432); it is "a charge on the succession of the deceased spouse" (art. 2433). It is one-fourth of the succession in ownership if the deceased died without children, the same fraction in usufruct for life if survived by three or fewer children, and a child's share in that usufruct if survived by more than three children, and "In no event, however, shall the amount of the marital portion exceed one million dollars" (art. 2434). A legacy to the surviving spouse and payments due because of the death are deducted from it (art. 2435), and the right "prescribes three years from the date of death" (art. 2436).

No-contest (penalty) clauses

Civil Code article 1519.1, enacted by Acts 2025, No. 39 and effective August 1, 2025, governs clauses that penalize a challenge:

"A provision in a juridical act that purports to penalize a person for filing an action to challenge an inter vivos or mortis causa donation, an action related to a succession, or an action related to a trust administration is unenforceable if, at the time of instituting the action to challenge, a factual basis existed that would lead a reasonable person to conclude that there is a substantial likelihood that the challenge would be successful." (La. C.C. art. 1519.1)

After death: probate and the will registry

Under article 1605, "A testament has no effect unless it is probated in accordance with the procedures and requisites of the Code of Civil Procedure."

Louisiana also has an optional, confidential will registry. Under La. R.S. 9:2446, the Secretary of State keeps a registry in which a testator, or an authorized attorney, may record information about the execution of the will and where it is kept. The information is kept "in strictest confidence until the death of the testator" and then made available to a person who presents a death certificate, affidavit of death and heirship, or other satisfactory evidence of death. The registry holds information, not the testament itself.

An action to annul a testament is subject to a liberative prescription of five years, suspended in favor of minors during minority (La. C.C. art. 3497).

Inter vivos (living) trusts in Louisiana

The trust code

Under La. R.S. 9:1721, "This Chapter shall be known and may be cited as the Louisiana Trust Code." Louisiana did not adopt the Uniform Trust Code. Under 9:1732, "A trust is either testamentary or inter vivos." A revocable living trust is an inter vivos trust.

Form: authentic act or two-witness acknowledged act

Louisiana sets a real formality for a living trust. Under R.S. 9:1752:

"An inter vivos trust may be created only by authentic act or by act under private signature executed in the presence of two witnesses and duly acknowledged by the settlor or by the affidavit of one of the attesting witnesses." (La. R.S. 9:1752)

A trust instrument may not be executed by remote online notarization (R.S. 35:623(B)(2)).

A testamentary trust, created in a testament, follows the testament rules instead: it "may be created only in one of the forms prescribed by the laws regulating donations mortis causa" (9:1751).

A new trust may borrow terms from an existing one. Under 9:1754, a trust "may incorporate by reference any or all of the terms of an existing trust"; unless the instrument says otherwise, amendments in force when the new trust is executed are incorporated, but later changes to or termination of the existing trust do not affect the new one.

Capacity

Under R.S. 9:1763, "A person having capacity to contract by onerous title may be a settlor of an onerous inter vivos trust. A person having capacity to contract by gratuitous title may be a settlor of a gratuitous inter vivos trust."

Irrevocable unless the right is reserved

This is where Louisiana runs opposite to most states. Under R.S. 9:2041, "Except as otherwise provided in this Code, a settlor may revoke a trust in whole or in part only if he has reserved the right to revoke the trust or an unrestricted right to modify the trust." Modification follows the same pattern: "The settlor may modify the terms of the trust after its creation only to the extent he expressly reserves the right to do so" (9:2021).

A living trust is therefore revocable only if its instrument reserves that power. Other rules:

• Several settlors. Revocation under a reserved right "requires the concurrence of all surviving competent settlors, in the absence of a contrary stipulation" (9:2044).
• Effect. Unless the instrument provides otherwise, revocation "shall cause the trust to fail and the trust property held by the trustee at the time such revocation or rescission takes effect shall revert to the settlor or his heirs, legatees, or assignees" (9:2046(1)).
• Accounting. "If the trust is revocable, the trustee has a duty to account to the settlor only" (9:2088(A)).

How to revoke or amend

Under R.S. 9:2051(A), a modification, division, termination or revocation of a trust "shall be by authentic act or by act under private signature executed in the presence of two witnesses and duly acknowledged by the person who makes the modification, division, or termination or by the affidavit of one of the attesting witnesses." It "is not effective as to a trustee until a copy of the authentic act or a copy of the acknowledged act is received by him."

A testament can also do it (9:2051(B)), but that is "not effective as to a trustee until the trustee receives a copy of the testament and of the order probating it or ordering it filed and executed."

Proving the trust to third parties: the extract of trust

When trust property includes immovables or other property whose title must be recorded, a trustee files the trust instrument, an extract of trust, or a clerk-certified copy for record in each parish where the property is located (La. R.S. 9:2092(A)). An extract, executed by the settlor or trustee, must include the trust's name, "A statement as to whether the trust is revocable or irrevocable," each settlor, each trustee and the beneficiaries, the date of execution, and any limit on the trustee's power to alienate, lease or encumber immovables (9:2092(B)(1)). If the extract or a clerk-certified copy of an inter vivos trust is recorded, a failure of the trust instrument to follow the R.S. 9:1752 form "shall not be effective against third persons" (9:2092(B)(3)).

Adding to a trust by testament (pour-over)

Louisiana permits a testament to add property to an existing trust, under the Trust Code rather than a uniform testamentary-additions act. Under R.S. 9:1932, "An addition of property to an existing trust must be made and accepted in the form required for such a donation free of trust," so a gift to a trust at death must be made in a valid olographic or notarial testament. Under 9:1936, "An addition of property to an existing trust by donation mortis causa is effective at the moment of the donor's death."

Louisiana testaments and trusts at a glance

Recent changes

• Acts 2026, No. 11 (effective August 1, 2026). Enacted La. R.S. 9:2374, setting a forced portion of one dollar for an incapable adult forced heir with a net worth over $50 million.
• Acts 2025, No. 30 (effective August 1, 2025). Rewrote Civil Code articles 1575 (olographic) and 1576 (notarial) so the signature and date may appear anywhere, amended article 1581 (witness competence) and Code of Civil Procedure article 2891, enacted C.C.P. article 2887 (the self-proving declarations), and repealed Civil Code articles 1577 through 1580.1 in their entirety. Article 1576(A) now covers a testator who is unable to sign, by mark or by another person signing in the testator's presence. Section 4 of the act applies it "both prospectively and retroactively" to claims existing and pending on its effective date and to later claims, but not "to revive claims prescribed as of the effective date of this Act or to affect claims adjudicated on the merits by a final and definitive judgment" before that date.
• Acts 2025, No. 39 (effective August 1, 2025). Enacted Civil Code article 1519.1 on penalty (no-contest) clauses.
• Acts 2024, No. 94 (effective August 1, 2024). Enacted La. R.S. 22:911.1 and 9:2449.1: divorce revokes a former spouse's revocable designation in life insurance and annuity contracts and benefits payable to the former spouse under pension, profit-sharing, retirement or similar plans, on the conditions described in the divorce section. Prospective only; 9:2449.1 excludes Louisiana Public Retirement Law designations.
• 2020 (expired window). Acts 2020, No. 131 (R.S. 35:702) validated video notarizations signed on or after March 11, 2020, and before May 1, 2020, but excluded testaments and trust instruments.

Making a testament in practice

The site's free Louisiana will-maker tool can help draft a basic will. A typed or printed document is not an olographic testament, so it is valid only if executed as a notarial testament under article 1576: before a notary and two competent witnesses, signed by the testator, each witness and the notary, and dated. Forced heirship, community property, usufructs and trusts are reasons to consult a lawyer licensed in Louisiana. The tool is not legal advice.

Members of the armed forces have one federal option: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub).

Related pages

• Wills and trusts laws by state
• Louisiana probate
• Louisiana small estate affidavit
• Louisiana power of attorney laws

This article provides general legal information about Louisiana law on testaments and inter vivos trusts as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Louisiana.

Last updated: 2026-10-20.

Frequently Asked Questions

Is a handwritten will valid in Louisiana?

Yes, as an olographic testament, if it is entirely written, dated and signed in the testator's handwriting (La. C.C. art. 1575). It needs no witnesses or notary, but at probate two credible witnesses must testify, or give affidavits after death, that it is in the testator's handwriting (C.C.P. art. 2883).

How many witnesses does a will need in Louisiana?

A notarial testament needs a notary and two witnesses, and the testator, each witness and the notary all sign (La. C.C. art. 1576). An olographic testament needs no witnesses (art. 1575).

Does a will have to be notarized in Louisiana?

Not if it is an olographic testament written, dated and signed entirely in the testator's hand. Any other testament must be a notarial testament executed before a notary and two witnesses (La. C.C. art. 1576).

What is a self-proving will in Louisiana?

A notarial testament signed on each page at execution and accompanied by the declaration of the notary and witnesses described in Code of Civil Procedure article 2887(A), in the testament or in a later attached affidavit, does not need to be proved; the court orders it filed and executed (C.C.P. art. 2891).

Are oral wills valid in Louisiana?

No. Louisiana Civil Code article 1574 allows only olographic and notarial testaments, and both must be in writing.

Can I sign a will electronically in Louisiana?

Louisiana has no electronic-will statute. Its Uniform Electronic Transactions Act does not apply to laws governing the creation and execution of wills (La. R.S. 9:2603(B)(1)), and a notarial testament must be executed before a notary in the presence of two witnesses (art. 1576). Testaments may not be executed by remote online notarization (R.S. 35:623(B)).

Does divorce revoke a will in Louisiana?

Divorce revokes legacies to the former spouse, and testamentary designations or appointments of that spouse, if the testator is divorced from the legatee after the testament is executed and at death, unless the testament provides otherwise (La. C.C. art. 1608(5)). Separate rules, each with its own conditions and exceptions, cover inter vivos trusts (R.S. 9:2047) and some life insurance, annuity and retirement-plan designations (R.S. 22:911.1, 9:2449.1); see the divorce section above.

Can I disinherit my child in Louisiana?

A child who is a forced heir (23 or younger, or permanently incapable at any age) is entitled to the legitime and can be disinherited only for just cause, with the reason stated in the testament (La. C.C. arts. 1493, 1494, 1617, 1624). A child who is not a forced heir has no reserved share.

Is a living trust revocable in Louisiana?

Only if the settlor reserved the right to revoke it or an unrestricted right to modify it (La. R.S. 9:2041). Revocation must be made by authentic act, by a two-witness acknowledged act, or by testament, and is not effective as to the trustee until the trustee receives a copy (9:2051).

How do you create a living trust in Louisiana?

An inter vivos trust may be created only by authentic act or by an act under private signature executed in the presence of two witnesses and acknowledged by the settlor or by the affidavit of one of the attesting witnesses (La. R.S. 9:1752).