A person may not be a witness to a testament if that person is a spouse of a legatee at the time of the execution of the testament. The fact that a witness is the spouse of a legatee does not invalidate the testament; however, a legacy to a witness' spouse is invalid, if the witness is the spouse of the legatee at the time of the execution of the testament. If the legacy is invalid under the provisions of this Article, and if the legatee would be an heir in intestacy, the legatee may receive the lesser of his intestate share or legacy in the testament. Any testamentary terms or restrictions placed on the legacy shall remain in effect. Acts 2003, No. 707, §1, eff. Jan. 1, 2004; Acts 2004, No. 231, §1. NOTE: Acts 2004, No. 231, applies to testaments only executed on or after Jan. 1, 2004.
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