reglab/housing_qa huggingface dataset:
LA Rev Stat § 9:1789 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1789. Removal of trustee

RS 1789 - Removal of trustee A. A trustee shall be removed in accordance with the provisions of the trust instrument or by the proper court for sufficient cause. B. Additionally, a corporate trustee shall be removed upon the petition of a settlor or any current beneficiary, if the court determines that removal is in the best interest of the beneficiaries as a whole, another corporate entity that is qualified to be a trustee has agreed to serve as the trustee, and the trust instrument does not forbid such removal. Acts 2001, No. 594, §2.
LA Rev Stat § 9:1790 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1790. Effect of resignation or removal of trustee

RS 1790 - Effect of resignation or removal of trustee  Except as provided in R.S. 9:2069, a trustee who has resigned or who has been removed has no further authority with respect to the trust property. His resignation or removal does not affect his liability for his administration of the trust property. Acts 1995, No. 358, §1.
LA Rev Stat § 9:1791 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1791. Appeal from judgment appointing or removing trustee

RS 1791 - Appeal from judgment appointing or removing trustee  A judgment or an order of court appointing or removing a trustee shall be executed provisionally. An appeal from an order or judgment appointing or removing a trustee must be taken and the security therefor furnished within thirty days from the date of the order or judgment notwithstanding the filing of an application for a rehearing or a new trial. The appeal shall be docketed and heard by preference.
LA Rev Stat § 9:1801 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1801. Beneficiary defined

RS 1801 - Beneficiary defined  A beneficiary is a person for whose benefit the trust is created and may be a natural person, corporation, partnership, or other legal entity having the capacity to receive property. A trustee of a trust, in his capacity of trustee, can be the beneficiary of another trust. Neither the heir, legatee, or assignee of a designated beneficiary, nor a beneficiary by reason of a substitution under Subpart B of Part III of this Chapter, is considered a beneficiary for the purpose of fixing the maximum allowable term of the trust. Acts 1989, No. 110, §1; Acts 1995, No. 414, §1.
LA Rev Stat § 9:1802 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1802. Sufficiency of designation

RS 1802 - Sufficiency of designation  A beneficiary must be designated in the trust instrument, except as otherwise provided in this Code. The designation is sufficient if the identity of the beneficiary is objectively ascertainable solely from standards stated in the trust instrument.
LA Rev Stat § 9:1803 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1803. Requirement that beneficiary be in being and ascertainable

RS 1803 - Requirement that beneficiary be in being and ascertainable  A beneficiary must be in being and ascertainable on the date of the creation of the trust, except as otherwise provided in this Code. An unborn child is deemed a person in being and ascertainable, if he is born alive.
LA Rev Stat § 9:1804 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1804. Settlor as beneficiary

RS 1804 - Settlor as beneficiary  A settlor may be the sole beneficiary of income or principal or both, or one of several beneficiaries of income or principal or both.
LA Rev Stat § 9:1805 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1805. One or several beneficiaries; separate beneficiaries

RS 1805 - One or several beneficiaries; separate beneficiaries  There may be one beneficiary or two or more beneficiaries as to income or principal or both. There may be separate beneficiaries of income and principal, or the same person may be a beneficiary of both income and principal, in whole or in part.
LA Rev Stat § 9:1806 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1806. Concurrent beneficiaries

RS 1806 - Concurrent beneficiaries  There may be several concurrent beneficiaries of income or principal or both.
LA Rev Stat § 9:1807 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1807. Successive income beneficiaries

RS 1807 - Successive income beneficiaries  Several beneficiaries may be designated to enjoy income successively.
LA Rev Stat § 9:1808 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1808. Acceptance by beneficiary

RS 1808 - Acceptance by beneficiary  A beneficiary need not accept the benefit conferred on him; his acceptance is presumed.
LA Rev Stat § 9:1809 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1809. Representation upon predecease of named principal beneficiary

RS 1809 - Representation upon predecease of named principal beneficiary When a testamentary trust designates as principal beneficiary a person who is a descendant, a sibling, or a descendant of a sibling of the settlor, and that person does not survive the settlor, the descendants by roots of that person will be principal beneficiaries in his place, unless the trust instrument provides otherwise. Acts 2003, No. 480, §1.
LA Rev Stat § 9:1821 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1821. When testamentary trust created

RS 1821 - When testamentary trust created  A testamentary trust is created at the moment of the settlor's death.  Acts 2015, No. 219, §1.
LA Rev Stat § 9:1822 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1822. When inter vivos trust created

RS 1822 - When inter vivos trust created  An inter vivos trust is created upon execution of the trust instrument.  Acts 2015, No. 219, §1.
LA Rev Stat § 9:1823 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1823. Retroactive nature of trustee's acceptance

RS 1823 - Retroactive nature of trustee's acceptance  A trustee's acceptance is retroactive to the date of creation of the trust.
LA Rev Stat § 9:1824 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1824. Consequence of trustee's failure to accept

RS 1824 - Consequence of trustee's failure to accept  If the trustee was not a party to the trust instrument, he must accept the trust in writing within a reasonable time after its creation, or the proper court shall appoint a trustee.
LA Rev Stat § 9:1831 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1831. Limitations upon stipulated term

RS 1831 - Limitations upon stipulated term  If the trust instrument stipulates a term and unless an earlier termination is required by the trust instrument, or by the proper court, a trust shall terminate at:  (1) The death of the last surviving income beneficiary or the expiration of twenty years from the death of the settlor last to die, whichever last occurs, if at least one settlor and one income beneficiary are natural persons;  (2) The death of the last surviving income beneficiary or the expiration of twenty years from the creation of the trust, whichever last occurs, if none of the settlors is a natural person but at least one income beneficiary is a natural person;  (3) The expiration of twenty years from the death of the settlor last to die, if at least one settlor is a natural person but none of the income beneficiaries is a natural person;  (4) The expiration of fifty years from the creation of the trust, if none of the settlors and none of the income beneficiaries is a natural person. Amended by Acts 1968, No. 132, §1; Acts 1987, No. 164, §1, eff. Aug. 1, 1987.  {{NOTE: SEE ACTS 1987, NO. 164, §3.}}
LA Rev Stat § 9:1832 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1832. Effect of stipulation of excessive term

RS 1832 - Effect of stipulation of excessive term  A trust instrument that stipulates a longer term than is permitted shall be enforced as though the maximum allowable term had been stipulated.
LA Rev Stat § 9:1833 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1833. Term in absence of stipulation

RS 1833 - Term in absence of stipulation  If the trust instrument stipulates no term, the trust shall terminate:  (1) Upon the death of the last income beneficiary who is a natural person; or  (2) At the end of the term prescribed by R.S. 9:1831(3) or 9:1831(4), if the income beneficiaries do not include a natural person.
LA Rev Stat § 9:1834 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1834. Exceptions

RS 1834 - Exceptions  The provisions of this Sub-part shall not apply to class trusts, to trusts by employers for the benefit of employees, or to charitable dispositions contained in trusts for mixed private and charitable purposes.
LA Rev Stat § 9:1835 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1835. Definitions

RS 1835 - Definitions  For the purpose of this Sub-part, the term "surviving income beneficiary" means a natural person designated in the trust instrument to enjoy a portion of trust income, whether presently or in the future, or even conditionally; a principal beneficiary who is designated also a beneficiary of income, whether presently or in the future, or even conditionally; and also includes a principal beneficiary who becomes entitled to enjoy income because of the termination of the rights of an income beneficiary. It does not include a beneficiary whose interest in income has terminated.
LA Rev Stat § 9:1841 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1841. General rule

RS 1841 - General rule The legitime or any portion thereof may be placed in trust provided: (1) The trustee after taking into account all of the other income and support to be received by the forced heir during the year shall distribute to the forced heir, or to the legal guardian of the forced heir, funds from the net income in trust sufficient for the health, maintenance, support, and education of the forced heir. (2) The forced heir's interest is subject to no charges or conditions except as provided in R.S. 9:1843, 1844, 1891 through 1906 and Subpart B of Part III of this Chapter. (3) Except as permitted by R.S. 9:1844, the term of the trust, as it affects the legitime, does not exceed the life of the forced heir; and (4) The principal shall be delivered to the forced heir or his heirs, legatees, or assignees free of trust, upon the termination of the portion of the trust that affects the legitime. Amended by Acts 1974, No. 126, §1; Acts 1979, No. 160, §1; Acts 1995, No. 414, §1; Acts 1999, No. 967, §1.
LA Rev Stat § 9:1842 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1842. Effect of improper stipulation

RS 1842 - Effect of improper stipulation  A provision of a trust instrument that is incompatible with the provisions of this Sub-part shall be reformed to comply herewith.
LA Rev Stat § 9:1843 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1843. Stipulation restraining alienation

RS 1843 - Stipulation restraining alienation  A trust instrument may place restraints upon the alienation of the legitime in trust.
LA Rev Stat § 9:1844 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1844. Legitime burdened with income interest or usufruct

RS 1844 - Legitime burdened with income interest or usufruct  The legitime in trust may be burdened with an income interest or with a usufruct in favor of a surviving spouse to the same extent and for the same term that a usufruct of the same property could be stipulated in favor of the same person for a like period.  Amended by Acts 1974, No. 126, §1.
LA Rev Stat § 9:1845 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1845. Repealed by Acts 1979, No. 160, §2

RS 1845 - Repealed by Acts 1979, No. 160, §2
LA Rev Stat § 9:1846 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1846. Repealed by Acts 1979, No. 160, §3

RS 1846 - Repealed by Acts 1979, No. 160, §3
LA Rev Stat § 9:1847 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1847. Invasion of principal; legitime affected

RS 1847 - Invasion of principal; legitime affected  A trustee may not pay principal to an income beneficiary if the payment would deprive another beneficiary of all or a part of his legitime, notwithstanding any contrary provision of the trust instrument.
LA Rev Stat § 9:1851 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1851. General rule

RS 1851 - General rule  The marital portion provided under Article 2432 of the Louisiana Civil Code, whether in full property or usufruct only, or any portion thereof, may be placed in trust, if:  (1) The net income accruing to the surviving spouse therefrom is payable to the surviving spouse not less than once each year;  (2) The surviving spouse's interest is subject to no charges or condition, except that the trust instrument may place restrictions upon the alienation of the marital portion in trust; and  (3) The term of the trust, as it affects the marital portion, does not exceed the life of the surviving spouse.  Added by Acts 1977, No. 67, §1. Amended by Acts 1979, No. 711, §2, eff. Jan. 1, 1980.
LA Rev Stat § 9:1852 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1852. Marital portion in full property

RS 1852 - Marital portion in full property  An unconditional principal and income interest in trust, with income payable not less than annually for the life of the beneficiary, satisfies the marital portion to the same extent as would the full ownership not in trust of the same property; however, during the term of the trust, the trustee may pay principal from the trust property for support, maintenance, education, medical expenses, or welfare of the beneficiary and, upon termination of the portion of the trust that affects the marital portion, the principal shall be delivered to the surviving spouse or his heirs, legatees, or assigns free of trust.  Added by Acts 1977, No. 67, §1.
LA Rev Stat § 9:1853 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1853. Marital portion in usufruct

RS 1853 - Marital portion in usufruct  A usufruct in trust, or an unconditional income interest in trust, without an interest in principal, payable not less than annually for a term or for the life of the beneficiary satisfies the marital portion to the same extent as would a usufruct not in trust on the same property for the same term.  Added by Acts 1977, No. 67, §1.
LA Rev Stat § 9:1854 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1854. Effect of improper stipulation

RS 1854 - Effect of improper stipulation  A provision of a trust instrument that is incompatible with the provisions of this Subpart shall be reformed to comply herewith.  Added by Acts 1977, No. 67, §1.
LA Rev Stat § 9:1881 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1881. General rule

RS 1881 - General rule  A settlor may create an inter vivos or a testamentary trust upon the proceeds of life insurance.  If a policy of life insurance is payable to a named beneficiary of the policy as trustee, the trust is an inter vivos trust and the instrument creating the trust shall be in the form required for an inter vivos trust. The trust is an inter vivos trust although the settlor reserves incidents of ownership with respect to the policy, although the settlor reserves the power to revoke or modify the trust, and although the trustee has no active duties to perform until the death of the settlor.  If the policy of life insurance is payable to the settlor or to his succession or his succession representative, or to a testamentary trustee, the trust is testamentary and the instrument creating the trust shall be in the form required for a testamentary trust.  Amended by Acts 1972, No. 658, §1.
LA Rev Stat § 9:1891 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1891. Creation of class

RS 1891 - Creation of class  A. Notwithstanding the provisions of R.S. 9:1803, R.S. 9:1831 through 1835, and R.S. 9:1841 through 1847, but subject to the restrictions stated in this Subpart, a person may create an inter vivos or testamentary trust in favor of a class consisting of some or all of the children, grandchildren, great grandchildren, nieces, nephews, grandnieces, grandnephews, and great grandnieces and great grandnephews of the settlor or of the settlor's current, former, or predeceased spouse, or any combination thereof, although some members of the class are not yet in being at the time of the creation of the trust, provided at least one member of the class is then in being. Such a trust is called a class trust. If the trust instrument so provides, the interest of each beneficiary in the class shall be held in a separate trust after the class has closed.  B. If the class includes members related to the settlor's current, former, or predeceased spouse who are not also related to the settlor, the interests of those members shall be determined as if they were related to the settlor in the same manner as they are related to the settlor's current, former, or predeceased spouse, unless the trust instrument provides otherwise.  C. Unless the trust instrument provides otherwise, the interests of the class members shall be determined in the following manner:  (1) Before application of R.S. 9:1894, if the class consists solely of descendants of the same degree, the interests of the members of the class shall be determined by roots.  (2) In all other cases, the interests of the members of the class shall be determined by heads.  Amended by Acts 1982, No. 479, §1; Acts 1989, No. 115, §1; Acts 1989, No. 339, §1, eff. June 28, 1989; Acts 1995, No. 274, §1; Acts 1995, No. 324, §1; Acts 1995, No. 1038, §1; Acts 1997, No. 682, §1; Acts 2001, No. 594, §3; Acts 2015, No. 219, §1. NOTE: See Acts 1989, No. 115, §2, and No. 339, §2.
LA Rev Stat § 9:1892 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1892. Class members

RS 1892 - Class members  A class may include those of the relationship whether by blood or adoption.  Acts 1985, No. 582, §1.
LA Rev Stat § 9:1893 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1893. Income and principal designations

RS 1893 - Income and principal designations A class trust may be created with respect to all of or a portion of income or principal, or both, but the members of the class must always be the sole beneficiaries of the portion of the trust of which they are beneficiaries. Subject to R.S. 9:2068, the trustee may invade principal for the benefit of one or more individual income beneficiaries or one or more members of any class of income beneficiaries, even though such income beneficiary may not be a member of the class of principal beneficiaries. Amended by Acts 1968, No. 133, §1; Acts 1974, No. 127, §1; Acts 2003, No. 480, §1; Acts 2010, No. 390, §1.
LA Rev Stat § 9:1894 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1894. Representation

RS 1894 - Representation  If a person dies before the creation of the trust, who would have been a member of the class if he had not died, his descendants shall be considered members of the class by representation unless the instrument otherwise provides. In all cases in which representation is permitted, the division is made by roots. If one root has produced several branches, the subdivision is also made by roots in each branch, and the members of the same branch take by heads.  Acts 1985, No. 582, §1; Acts 2015, No. 219, §1.
LA Rev Stat § 9:1895 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1895. Effect of death of class member during the term of the trust

RS 1895 - Effect of death of class member during the term of the trust A. An interest of a member of the class who dies during the term of the trust vests in his heirs or legatees, unless the trust instrument provides any one of the following: (1) That the interest of a member of the class who dies intestate and without descendants during the term of the trust vests in the other members of the class. (2) Except as to the legitime in trust, that the interest of a member of the class who dies without descendants during the term of the trust or at its termination vests in the other members of the class. (3) Except as to the legitime in trust, that the interest of a member of the class who dies leaving one or more descendants vests in the beneficiary's descendant heirs. B. For this purpose the term "other members of the class" shall include the successors to the interests of any members of the class who predecease such deceased class member, unless the trust instrument provides otherwise. Acts 1988, No. 284, §1; Acts 1997, No. 254, §1; Acts 2010, No. 390, §1.
LA Rev Stat § 9:1896 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1896. Closing of the class

RS 1896 - Closing of the class  The trust instrument may state a date or a method for defining a date on which the class shall close. Unless the trust instrument provides otherwise, the class shall close when, because of the definition of the class, members may no longer be added to it.  Amended by Acts 1978, No. 706, §1.
LA Rev Stat § 9:1897 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1897. Term; general rule

RS 1897 - Term; general rule  A trust created under the provisions of this Sub-part shall not terminate before the closing of the class. The term of the trust thereafter is determined by the rules prescribed by R.S. 9:1899 through 9:1906.
LA Rev Stat § 9:1898 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1898. Effect of stipulation of excessive term

RS 1898 - Effect of stipulation of excessive term  The stipulation of an excessive term in a disposition governed by this Sub-part shall not defeat the disposition, but the term shall be reduced to the period allowable under this Sub-part.
LA Rev Stat § 9:1899 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1899. Distribution of income; forced heirs

RS 1899 - Distribution of income; forced heirs  The trust instrument may provide when income shall be distributed, or it may provide that the trustee has discretion to determine the time or frequency of distribution or to accumulate some or all of the income, except as otherwise provided by this Code with respect to the legitime in trust.
LA Rev Stat § 9:1900 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1900. Absence of living members before class closes; treatment of income

RS 1900 - Absence of living members before class closes; treatment of income If the trust instrument contains a survivorship provision and all members of the class of income beneficiaries die before closing of the class, the income of the trust shall be accumulated until there is a member of the class or the class closes. If the class closes and there is no member of the class, the accumulated income shall be distributed to the beneficiaries of principal in proportion to their interests.
LA Rev Stat § 9:1901 (2021)
2021 Louisiana Laws|Revised Statutes|Title 9 - Civil Code-Ancillaries|§1901. Closing of class; members living; effect; termination

RS 1901 - Closing of class; members living; effect; termination  After the class closes, the trust shall continue as to the class until the death of the last surviving member of the class, unless an earlier termination date has been stipulated.