reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Civil Code › Art. 1500. Forced portion in cases of judicial divestment, disinherison, or renunciation of succession rights

Art. 1500. Forced portion in cases of judicial divestment, disinherison, or renunciation of succession rights
When a forced heir renounces his legitime, is declared unworthy, or is disinherited, his legitime becomes disposable and the forced portion is reduced accordingly. The legitime of each remaining forced heir is not affected.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1502. Inability to satisfy legitime by usufruct or income interest in trust only

Art. 1502. Inability to satisfy legitime by usufruct or income interest in trust only
Nevertheless, the legitime may not be satisfied in whole or in part by a usufruct or an income interest in trust. When a forced heir is both income and principal beneficiary of the same interest in trust, however, that interest shall be deemed a full ownership interest for purposes of satisfying the legitime if the trust conforms to the provisions of the Louisiana Trust Code governing the legitime in trust.
Amended by Acts 1981, No. 765, §1; Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1503. Reduction of excessive donations

Art. 1503. Reduction of excessive donations
A donation,
inter vivos
or
mortis causa
, that impinges upon the legitime of a forced heir is not null but is merely reducible to the extent necessary to eliminate the impingement.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1504. Reduction of donations, exclusive right of forced heirs

Art. 1504. Reduction of donations, exclusive right of forced heirs
An action to reduce excessive donations may be brought only after the death of the donor, and then only by a forced heir, the heirs or legatees of a forced heir, or an assignee of any of them who has an express conventional assignment, made after the death of the decedent, of the right to bring the action.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1505. Calculation of disposable portion on mass of succession

Art. 1505. Calculation of disposable portion on mass of succession
A. To determine the reduction to which the donations, either
inter
vivos
or
mortis
causa
, are subject, an aggregate is formed of all property belonging to the donor or testator at the time of his death; the sums due by the estate are deducted from this aggregate amount; to that is fictitiously added the property disposed of by donation
inter
vivos
within three years of the date of the donor's death, according to its value at the time of the donation.
B. The disposable quantum is determined on the above calculation, taking into consideration the number of forced heirs.
C. Neither the premiums paid for insurance on the life of the donor nor the proceeds paid pursuant to such coverage shall be included in the above calculation. Moreover, the value of such proceeds at the donor's death payable to a forced heir, or for his benefit, shall be deemed applied and credited in satisfaction of his forced share.
D. Employer and employee contributions under any plan of deferred compensation adopted by any public or governmental employer or any plan qualified under Sections 401 or 408 of the Internal Revenue Code, and any benefits payable by reason of death, disability, retirement, or termination of employment under any such plans, shall not be included in the above calculation, nor shall any of such contributions or benefits be subject to the claims of forced heirs. However, the value of such benefits paid or payable to a forced heir, or for the benefit of a forced heir, shall be deemed applied and credited in satisfaction of his forced share.
Amended by Acts 1981, No. 646, §1; Acts 1981, No. 909, §1; Acts 1982, No. 356, §1; Acts 1983, No. 656, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2020, No. 19, §1.
2023 Louisiana Laws › Civil Code › Art. 1507. Reduction of legacies before donations inter vivos, order of reduction

Art. 1507. Reduction of legacies before donations
inter vivos
, order of reduction
Donations
inter vivos
may not be reduced until the value of all the property comprised in donations
mortis causa
is exhausted. The testator may expressly declare in the testament that a legacy shall be paid in preference to others, in which case the preferred legacy shall not be reduced until the other legacies are exhausted.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1508. Reduction of donations inter vivos

Art. 1508. Reduction of donations
inter vivos
When the property of the estate is not sufficient to satisfy the forced portion, a forced heir may recover the amount needed to satisfy his legitime from the donees of
inter vivos
donations made within three years of the date of the decedent's death, beginning with the most recent donation and proceeding successively to the most remote.
Acts 1996, 1st Ex. Sess., No. 77, §1
2023 Louisiana Laws › Civil Code › Art. 1509. Insolvency of a donee

Art. 1509. Insolvency of a donee
When a donee from whom recovery is due is insolvent, the forced heir may claim his legitime from the donee of the next preceding donation and so on to the donee of the most remote donation. A donee who pays the share of an insolvent donee is subrogated to the rights of the forced heir against the insolvent donee.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1510. Remunerative donations, extent of reduction

Art. 1510. Remunerative donations, extent of reduction
The value of a remunerative donation is not included in the calculation of the forced portion, and the donation may not be reduced, unless the value of the remunerated services is less than two-thirds the value of the property donated at the time of the donation, in which event the gratuitous portion is included in the calculation and is subject to reduction.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1511. Onerous donation, extent of reduction

Art. 1511. Onerous donation, extent of reduction
The value of an onerous donation is not included in the calculation of the forced portion, and the donation may not be reduced, unless the value of the charges is less than two-thirds the value of the property donated at the time of the donation, in which event the gratuitous portion is included in the calculation and is subject to reduction.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1512. Retention of fruits and products of donation by donee until demand for reduction

Art. 1512. Retention of fruits and products of donation by donee until demand for reduction
The fruits and products of property donated
inter vivos
belong to the donee except for those that accrue after written demand for reduction is made on him.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1513. Reduction in kind when property is owned by the donee or successors by gratuitous title; effects of alienation by donee

Art. 1513. Reduction in kind when property is owned by the donee or successors by gratuitous title; effects of alienation by donee
The action for reduction of excessive donations may be brought only against the donee or his successors by gratuitous title in accordance with the order of their donations, beginning with the most recent donation. When the donated property is still owned by the donee or the successors, reduction takes place in kind or by contribution to the payment of the legitime, at the election of the donee or the successors, who are accountable for any diminution in the value of the property attributable to their fault or neglect and for any charges or encumbrances imposed upon the property after the donation.
When the property given is no longer owned by the donee or his successors by gratuitous title, the donee and the successors must contribute to the payment of the legitime. A donee or his successor who contributes to payment of the legitime is required to do so only to the extent of the value of the donated property at the time the donee received it.
Acts 1996, 1st Ex. Sess., No. 77, §1.
2023 Louisiana Laws › Civil Code › Art. 1514. Usufruct of surviving spouse affecting legitime; security

Art. 1514. Usufruct of surviving spouse affecting legitime; security
A forced heir may request security when a usufruct in favor of a surviving spouse affects his legitime and he is not a child of the surviving spouse. A forced heir may also request security to the extent that a surviving spouse's usufruct over the legitime affects separate property. The court may order the execution of notes, mortgages, or other documents as it deems necessary, or may impose a mortgage or lien on either community or separate property, movable or immovable, as security.
Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2003, No. 1207, §2.
NOTE: See Acts 2003, No. 1207, §3.
2023 Louisiana Laws › Civil Code › Art. 1519. Impossible, illegal or immoral conditions.

CHAPTER 4--OF DISPOSITIONS REPROBATED BY LAW IN
DONATIONS INTER VIVOS AND MORTIS CAUSA
Art. 1519. Impossible, illegal or immoral conditions.
In all dispositions inter vivos and mortis causa impossible conditions, those which are contrary to the laws or to morals, are reputed not written.
2023 Louisiana Laws › Civil Code › Art. 1520. Prohibited substitutions, definitions

Art. 1520. Prohibited substitutions, definitions
A disposition that is not in trust by which a thing is donated in full ownership to a first donee, called the institute, with a charge to preserve the thing and deliver it to a second donee, called the substitute, at the death of the institute, is null with regard to both the institute and the substitute.
Amended by Acts 1962, No. 45, §1; Acts 2001, No. 825, §1.
2023 Louisiana Laws › Civil Code › Art. 1521. Vulgar substitutions

Art. 1521. Vulgar substitutions
The disposition by which a third person is called to take a gift or legacy in case the donee or legatee does not take it is not a prohibited substitution. A testator may impose as a valid suspensive condition that the legatee or a trust beneficiary must survive the testator for a stipulated period, which period shall not exceed six months after the testator's death, in default of which a third person is called to take the legacy. In such a case, the right of the legatee or trust beneficiary is in suspense until the survivorship as required is determined. If the legatee or trust beneficiary survives as required, he is considered as having succeeded to the deceased from the moment of his death. If he does not survive as required, he is considered as never having received it, and the third person who is called to take the bequest in default of his survival is considered as having succeeded to the deceased from the moment of his death. A survivorship condition as to the legitime of a forced heir shall only be valid if the forced heir dies without descendants, or if he dies with descendants and neither the forced heir nor the descendants survive the stipulated time.
Amended by Acts 1972, No. 628, §1; Acts 1984, No. 957, §1; Acts 1985, No. 583, §1; Acts 1987, No. 680, §1; Acts 2001, No. 825, §1.
2023 Louisiana Laws › Civil Code › Art. 1526. Onerous donation

CHAPTER 5. DONATIONS INTER VIVOS
SECTION 1. GENERAL DISPOSITIONS
Art. 1526. Onerous donation
The rules peculiar to donations inter vivos do not apply to a donation that is burdened with an obligation imposed on the donee that results in a material advantage to the donor, unless at the time of the donation the cost of performing the obligation is less than two-thirds of the value of the thing donated.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1527. Remunerative donations

Art. 1527. Remunerative donations
The rules peculiar to donations inter vivos do not apply to a donation that is made to recompense for services rendered that are susceptible of being measured in money unless at the time of the donation the value of the services is less than two-thirds of the value of the thing donated.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1531. Donation conditional on payment of future or unexpressed debts and charges; nullity

Art. 1531. Donation conditional on payment of future or unexpressed debts and charges; nullity
A donation is also null if it is burdened with an obligation imposed on the donee to pay debts and charges other than those that exist at the time of the donation, unless the debts and charges are expressed in the act of donation.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1532. Stipulation for right of return to donor

Art. 1532. Stipulation for right of return to donor
The donor may stipulate the right of return of the thing given, either in the case of his surviving the donee only, or in the case of his surviving the donee and the descendants of the donee.
The right may be stipulated only for the advantage of the donor.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1533. Right of return; effect

Art. 1533. Right of return; effect
The effect of the right of return is that the thing donated returns to the donor free of any alienation, lease, or encumbrance made by the donee or his successors after the donation.
The right of return shall not apply, however, to a good faith transferee for value of the thing donated. In such a case, the donee and his successors by gratuitous title are, nevertheless, accountable for the loss sustained by the donor.
Amended by Acts 1974, No. 210, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1541. Form required for donations

SECTION 2. OF THE FORM OF DONATIONS INTER VIVOS
Art. 1541. Form required for donations
A donation inter vivos shall be made by authentic act under the penalty of absolute nullity, unless otherwise expressly permitted by law.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1542. Identification of donor, donee, and the thing donated required

Art. 1542. Identification of donor, donee, and the thing donated required
The act of donation shall identify the donor and the donee and describe the thing donated. These requirements are satisfied if the identities and description are contained in the act of donation or are reasonably ascertainable from information contained in it, as clarified by extrinsic evidence, if necessary.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1544. Donation effective from time of acceptance

Art. 1544. Donation effective from time of acceptance
A donation inter vivos is without effect until it is accepted by the donee. The acceptance shall be made during the lifetime of the donor.
The acceptance of a donation may be made in the act of donation or subsequently in writing.
When the donee is put into corporeal possession of a movable by the donor, possession by the donee also constitutes acceptance of the donation.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1546. Acceptance during lifetime of donee

Art. 1546. Acceptance during lifetime of donee
The acceptance shall be made during the lifetime of the donee. If the donee dies without having accepted the donation, his successors may not accept for him.
Amended by Acts 1966, No. 44, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1548. Unemancipated minor; persons authorized to accept

Art. 1548. Unemancipated minor; persons authorized to accept
A donation made to an unemancipated minor may be accepted by a parent or other ascendant of the minor or by his tutor, even if the person who accepts is also the donor.
Acts 1988, No. 546, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1549. Thing acquired subject to existing charges

Art. 1549. Thing acquired subject to existing charges
The donee acquires the thing donated subject to all of its charges, even those that the donor has imposed between the time of the donation and the time of the acceptance.
Acts 1988, No. 546, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1550. Form for donation of certain incorporeal movables

Art. 1550. Form for donation of certain incorporeal movables
The donation or the acceptance of a donation of an incorporeal movable of the kind that is evidenced by a certificate, document, instrument, or other writing, and that is transferable by endorsement or delivery, may be made by authentic act or by compliance with the requirements otherwise applicable to the transfer of that particular kind of incorporeal movable.
In addition, an incorporeal movable that is investment property, as that term is defined in Chapter 9 of the Louisiana Commercial Laws, may also be donated by a writing signed by the donor that evidences donative intent and directs the transfer of the property to the donee or his account or for his benefit. Completion of the transfer to the donee or his account or for his benefit shall constitute acceptance of the donation.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1556. Causes for revocation or dissolution

SECTION 3. EXCEPTIONS TO THE RULE OF THE IRREVOCABILITY OF
DONATIONS INTER VIVOS
Art. 1556. Causes for revocation or dissolution
A donation inter vivos may be revoked because of ingratitude of the donee or dissolved for the nonfulfillment of a suspensive condition or the occurrence of a resolutory condition. A donation may also be dissolved for the nonperformance of other conditions or charges.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1557. Revocation for ingratitude

Art. 1557. Revocation for ingratitude
Revocation on account of ingratitude may take place only in the following cases:
(1) If the donee has attempted to take the life of the donor; or
(2) If he has been guilty towards him of cruel treatment, crimes, or grievous injuries.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1558. Revocation for ingratitude; prescription, parties

Art. 1558. Revocation for ingratitude; prescription, parties
An action of revocation for ingratitude shall be brought within one year from the day the donor knew or should have known of the act of ingratitude.
If the donor dies before the expiration of that time, the action for revocation may be brought by the successors of the donor, but only within the time remaining, or if the donor died without knowing or having reason to know of the act, then within one year of the death of the donor.
If the action has already been brought by the donor, his successors may pursue it.
If the donee is deceased, the action for revocation may be brought against his successors.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1559. Revocation for ingratitude, effect on alienations, leases, or encumbrances

Art. 1559. Revocation for ingratitude, effect on alienations, leases, or encumbrances
Revocation for ingratitude does not affect an alienation, lease, or encumbrance made by the donee prior to the filing of the action to revoke. When an alienation, lease, or encumbrance is made after the filing of the action and the thing given is movable, the alienation, lease, or encumbrance is effective against the donor only when it is an onerous transaction made in good faith by the transferee, lessee, or creditor. When an alienation, lease, or encumbrance is made after the filing of the action and the thing given is immovable, the effect of the action to revoke is governed by the law of registry.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1560. Revocation for ingratitude, restoration

Art. 1560. Revocation for ingratitude, restoration
In case of revocation for ingratitude, the donee shall return the thing given. If he is not able to return the thing itself, then the donee shall restore the value of the thing donated, measured as of the time the action to revoke is filed.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1562. Dissolution for nonfulfillment of suspensive condition or for occurrence of resolutory condition

Art. 1562. Dissolution for nonfulfillment of suspensive condition or for occurrence of resolutory condition
If a donation is subject to a suspensive condition, the donation is dissolved of right when the condition can no longer be fulfilled.
If a donation is subject to a resolutory condition, the occurrence of the condition does not of right operate a dissolution of the donation. It may be dissolved only by consent of the parties or by judicial decree.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1563. Nonfulfillment of conditions or nonperformance of charges that donee can perform or prevent

Art. 1563. Nonfulfillment of conditions or nonperformance of charges that donee can perform or prevent
If a donation is made on a condition that the donee has the power to perform or prevent, or depends on the performance of a charge by the donee, the nonfulfillment of the condition or the nonperformance of the charge does not, of right, operate a dissolution of the donation. It may be dissolved only by consent of the parties or by judicial decree.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1564. Dissolution for non-execution of other condition; prescription

Art. 1564. Dissolution for non-execution of other condition; prescription
An action to dissolve a donation for failure to fulfill the conditions or perform the charges imposed on the donee prescribes in five years, commencing the day the donee fails to perform the charges or fulfill his obligation or ceases to do so.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1565. Dissolution for non-execution of condition

Art. 1565. Dissolution for non-execution of condition
In case of dissolution of a donation of an immovable for the failure of the donee to fulfill conditions or perform charges, the property shall return to the donor free from all alienations, leases, or encumbrances created by the donee or his successors, subject to the law of registry. If the thing cannot be returned free from alienations, leases, or encumbrances, the donor may, nevertheless, accept it subject to the alienation, lease, or encumbrance, but the donee shall be accountable for any diminution in value. Otherwise, the donee shall restore the value of the thing donated, measured as of the time the action to dissolve is filed.
In case of dissolution of a donation of a movable for failure to fulfill conditions or perform charges, an alienation, lease, or encumbrance created by the donee or his successors is effective against the donor only when it is an onerous transaction made in good faith by the transferee, lessee, or creditor.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1566. Revocation or dissolution, donee's liability for fruits

Art. 1566. Revocation or dissolution, donee's liability for fruits
When a donation is revoked or dissolved, the donee or his successor is bound to restore or to pay the value of the fruits and products of the things given from the date of written demand.
If the donation is dissolved for nonperformance of a condition or a charge that the donee had the power to perform, the court may order the donee or his successor to restore the value of the fruits and products received after his failure to perform if the failure to perform is due to his fault.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1567. Donee unable to return thing in same condition

Art. 1567. Donee unable to return thing in same condition
When a donee or his successor is obligated to return a thing and he cannot restore it in essentially the same condition as it was at the time of the donation, the donor may elect to receive the thing in its present condition and require its return. In that event, the donee shall be accountable for any diminution in value at the time of the delivery.
Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Civil Code › Art. 1570. Testaments; form

CHAPTER 6. DISPOSITIONS MORTIS CAUSA
SECTION 1. TESTAMENTS GENERALLY
Art. 1570. Testaments; form
A disposition mortis causa may be made only in the form of a testament authorized by law.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1572. Testamentary dispositions committed to the choice of a third person

Art. 1572. Testamentary dispositions committed to the choice of a third person
Testamentary dispositions committed to the choice of a third person are null, except as expressly provided by law. A testator may delegate to his executor the authority to allocate specific assets to satisfy a legacy expressed in terms of a value or a quantum, including a fractional share.
The testator may expressly delegate to his executor the authority to allocate a legacy to one or more entities or trustees of trusts organized for educational, charitable, religious, or other philanthropic purposes. The entities or trusts may be designated by the testator or, when authorized to do so, by the executor in his discretion. In addition, the testator may expressly delegate to his executor the authority to impose conditions on those legacies.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1575. Olographic testament

Art. 1575. Olographic testament
A. An olographic testament is one entirely written, dated, and signed in the handwriting of the testator. Although the date may appear anywhere in the testament, the testator must sign the testament at the end of the testament. If anything is written by the testator after his signature, the testament shall not be invalid and such writing may be considered by the court, in its discretion, as part of the testament. The olographic testament is subject to no other requirement as to form. The date is sufficiently indicated if the day, month, and year are reasonably ascertainable from information in the testament, as clarified by extrinsic evidence, if necessary.
B. Additions and deletions on the testament may be given effect only if made by the hand of the testator.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 1576. Notarial testament

Art. 1576. Notarial testament
A notarial testament is one that is executed in accordance with the formalities of Articles 1577 through 1580.1.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 1999, No. 745, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1577. Requirements of form

Art. 1577. Requirements of form
The notarial testament shall be prepared in writing and dated and shall be executed in the following manner. If the testator knows how to sign his name and to read and is physically able to do both, then:
(1) In the presence of a notary and two competent witnesses, the testator shall declare or signify to them that the instrument is his testament and shall sign his name at the end of the testament and on each other separate page.
(2) In the presence of the testator and each other, the notary and the witnesses shall sign the following declaration, or one substantially similar: "In our presence the testator has declared or signified that this instrument is his testament and has signed it at the end and on each other separate page, and in the presence of the testator and each other we have hereunto subscribed our names this ____day of _________, ____."
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 1578. Notarial testament; testator literate and sighted but physically unable to sign

Art. 1578. Notarial testament; testator literate and sighted but physically unable to sign
When a testator knows how to sign his name and to read, and is physically able to read but unable to sign his name because of a physical infirmity, the procedure for execution of a notarial testament is as follows:
(1) In the presence of the notary and two competent witnesses, the testator shall declare or signify to them that the instrument is his testament, that he is able to see and read but unable to sign because of a physical infirmity, and shall affix his mark where his signature would otherwise be required; and if he is unable to affix his mark he may direct another person to assist him in affixing a mark, or to sign his name in his place. The other person may be one of the witnesses or the notary.
(2) In the presence of the testator and each other, the notary and the witnesses shall sign the following declaration, or one substantially similar: "In our presence the testator has declared or signified that this is his testament, and that he is able to see and read and knows how to sign his name but is unable to do so because of a physical infirmity; and in our presence he has affixed, or caused to be affixed, his mark or name at the end of the testament and on each other separate page, and in the presence of the testator and each other, we have subscribed our names this _____day of ____, _____."
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1579. Notarial testament; testator unable to read

Art. 1579. Notarial testament; testator unable to read
When a testator does not know how to read, or is physically impaired to the extent that he cannot read, whether or not he is able to sign his name, the procedure for execution of a notarial testament is as follows:
(1) The written testament must be read aloud in the presence of the testator, the notary, and two competent witnesses. The witnesses, and the notary if he is not the person who reads the testament aloud, must follow the reading on copies of the testament. After the reading, the testator must declare or signify to them that he heard the reading, and that the instrument is his testament. If he knows how, and is able to do so, the testator must sign his name at the end of the testament and on each other separate page of the instrument.
(2) In the presence of the testator and each other, the notary and witnesses must sign the following declaration, or one substantially similar: "This testament has been read aloud in our presence and in the presence of the testator, such reading having been followed on copies of the testament by the witnesses [, and the notary if he is not the person who reads it aloud,] and in our presence the testator declared or signified that he heard the reading, and that the instrument is his testament, and that he signed his name at the end of the testament and on each other separate page; and in the presence of the testator and each other, we have subscribed our names this ____day of ____, ______."
(3) If the testator does not know how to sign his name or is unable to sign because of a physical infirmity, he must so declare or signify and then affix his mark, or cause it to be affixed, where his signature would otherwise be required; and if he is unable to affix his mark he may direct another person to assist him in affixing a mark or to sign his name in his place. The other person may be one of the witnesses or the notary. In this instance, the required declaration must be modified to recite in addition that the testator declared or signified that he did not know how to sign his name or was unable to do so because of a physical infirmity; and that he affixed, or caused to be affixed, his mark or name at the end of the testament and on each other separate page.
(4) A person who may execute a testament authorized by either Article 1577 or 1578 may also execute a testament authorized by this Article.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1580. Notarial testament in braille form

Art. 1580. Notarial testament in braille form
A testator who knows how to and is physically able to read braille, may execute a notarial testament according to the following procedure:
(1) In the presence of a notary and two competent witnesses, the testator must declare or signify that the testament, written in braille, is his testament, and must sign his name at the end of the testament and on each other separate page of the instrument.
(2) In the presence of the testator and each other, the notary and witnesses must sign the following declaration, or one substantially similar: "In our presence the testator has signed this testament at the end and on each other separate page and has declared or signified that it is his testament; and in the presence of the testator and each other we have hereunto subscribed our names this ____day of _____, _____."
(3) If the testator is unable to sign his name because of a physical infirmity, he must so declare or signify and then affix, or cause to be affixed, his mark where his signature would otherwise be required; and if he is unable to affix his mark he may direct another person to assist him in affixing a mark, or to sign his name in his place. The other person may be one of the witnesses or the notary. In this instance, the required declaration must be modified to recite in addition that the testator declared or signified that he was unable to sign his name because of a physical infirmity; and that he affixed, or caused to be affixed, his mark or name at the end of the testament and on each other separate page.
(4) The declaration in the notarial testament in braille form must be in writing, not in braille.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1580.1. Deaf or deaf and blind notarial testament; form; witnesses

Art. 1580.1. Deaf or deaf and blind notarial testament; form; witnesses
A. A notarial testament may be executed under this Article only by a person who has been legally declared physically deaf or deaf and blind and who is able to read sign language, braille, or visual English.
B. The notarial testament shall be prepared and shall be dated and executed in the following manner:
(1) In the presence of a notary and two competent witnesses, the testator shall declare or signify to them that the instrument is his testament and shall sign his name at the end of the testament and on each other separate page of the instrument.
(2) In the presence of the testator and each other, the notary and the witnesses shall then sign the following declaration, or one substantially similar: "The testator has signed this testament at the end and on each other separate page, and has declared or signified in our presence that this instrument is his testament, and in the presence of the testator and each other we have hereunto subscribed our names this __________ day of ____________, 2____ ."
C. If the testator is unable to sign his name because of a physical infirmity, the testament shall be dated and executed in the following manner:
(1) In the presence of a notary and two competent witnesses, the testator shall declare or signify by sign or visual English to them that the instrument is his last testament, that he is unable to sign because of a physical infirmity, and shall then affix his mark at the end of the testament and on each other separate page of the instrument.
(2) In the presence of the testator and each other, the notary and the witnesses shall then sign the following declaration, or one substantially similar: "The testator has declared or signified by sign or visual English that he knows how to sign his name but is unable to sign his name because of a physical infirmity and he has affixed his mark at the end and on each other separate page of this testament, and declared or signified in our presence that this instrument is his testament and in the presence of the testator and each other we have hereunto subscribed our names this ___________ day of ___________________, 2_____."
D. The attestation clause required by Subparagraphs (B)(2) and (C)(2) shall be prepared in writing.
E.(1) A competent witness for the purposes of this Article is a person who meets the qualifications of Articles 1581 and 1582, and who knows how to sign his name and to read the required attestation clause, and is physically able to do both. At least one of the witnesses to the testament shall also meet the qualifications of a certified interpreter for the deaf as provided for in R.S. 46:2361 et seq.
(2) The testator shall be given the choice of accommodation services afforded by the use of large print, braille, or a tactile interpreter.
Acts 1999, No. 745, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1581. Persons incompetent to be witnesses

SECTION 3. OF THE COMPETENCE OF WITNESSES AND OF CERTAIN DESIGNATIONS IN TESTAMENTS
Art. 1581. Persons incompetent to be witnesses
A person cannot be a witness to any testament if he is insane, blind, under the age of sixteen, or unable to sign his name. A person who is competent but deaf or unable to read cannot be a witness to a notarial testament under Article 1579.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1582. Effect of witness or notary as legatee

Art. 1582. Effect of witness or notary as legatee
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.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1582.1. Persons prohibited from witnessing; effect

Art. 1582.1. Persons prohibited from witnessing; effect
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.
2023 Louisiana Laws › Civil Code › Art. 1585. Universal legacy

Art. 1585. Universal legacy
A universal legacy is a disposition of all of the estate, or the balance of the estate that remains after particular legacies.
A universal legacy may be made jointly for the benefit of more than one legatee without changing its nature.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1586. General legacy

Art. 1586. General legacy
A general legacy is a disposition by which the testator bequeaths a fraction or a certain proportion of the estate, or a fraction or certain proportion of the balance of the estate that remains after particular legacies. In addition, a disposition of property expressly described by the testator as all, or a fraction or a certain proportion of one of the following categories of property, is also a general legacy: separate or community property, movable or immovable property, or corporeal or incorporeal property. This list of categories is exclusive.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1588. Joint or separate legacy

Art. 1588. Joint or separate legacy
A legacy to more than one person is either joint or separate. It is separate when the testator assigns shares and joint when he does not. Nevertheless, the testator may make a legacy joint or separate by expressly designating it as such.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1589. Lapse of legacies

Art. 1589. Lapse of legacies
A legacy lapses when:
(1) The legatee predeceases the testator.
(2) The legatee is incapable of receiving at the death of the testator.
(3) The legacy is subject to a suspensive condition, and the condition can no longer be fulfilled or the legatee dies before fulfillment of the condition.
(4) The legatee is declared unworthy.
(5) The legacy is renounced, but only to the extent of the renunciation.
(6) The legacy is declared invalid.
(7) The legacy is declared null, as for example, for fraud, duress, or undue influence.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1590. Testamentary accretion

Art. 1590. Testamentary accretion
Testamentary accretion takes place when a legacy lapses.
Accretion takes place according to the testament, or, in the absence of a governing testamentary provision, according to the following Articles.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1591. Accretion of particular and general legacies

Art. 1591. Accretion of particular and general legacies
When a particular or a general legacy lapses, accretion takes place in favor of the successor who, under the testament, would have received the thing if the legacy had not been made.
Acts 1997, No. 1421, §1, eff. 1999.
2023 Louisiana Laws › Civil Code › Art. 1592. Accretion among joint legatees

Art. 1592. Accretion among joint legatees
When a legacy to a joint legatee lapses, accretion takes place ratably in favor of the other joint legatees, except as provided in the following Article.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1593. Exception to rule of testamentary accretion

Art. 1593. Exception to rule of testamentary accretion
If a legatee, joint or otherwise, is a child or sibling of the testator, or a descendant of a child or sibling of the testator, then to the extent that the legatee's interest in the legacy lapses, accretion takes place in favor of his descendants by roots who were in existence at the time of the decedent's death. The provisions of this Article shall not apply to a legacy that is declared invalid or is declared null for fraud, duress, or undue influence.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 1595. Accretion to universal legatee

Art. 1595. Accretion to universal legatee
All legacies that lapse, and are not disposed of under the preceding Articles, accrete ratably to the universal legatees.
When a general legacy is phrased as a residue or balance of the estate without specifying that the residue or balance is the remaining fraction or a certain portion of the estate after the other general legacies, even though that is its effect, it shall be treated as a universal legacy for purposes of accretion under this Article.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1597. Loss, extinction, or destruction of property given

Art. 1597. Loss, extinction, or destruction of property given
A. A legacy is extinguished to the extent that property forming all or part of the legacy is lost, extinguished, or destroyed before the death of the testator. However, the legatee is entitled to any part of the property that remains and to any uncollected insurance proceeds attributable to the loss, extinction, or destruction, and to the testator's right of action against any person liable for the loss, extinction, or destruction.
B. A legacy of a certain object is not extinguished when the object of the legacy has been transformed into a similar object without an act of the testator.
C. If the object of the legacy has been condemned or expropriated prior to the testator's death, the legatee is entitled to any uncollected award and to succeed to any right of action concerning the condemnation or expropriation.
Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
2023 Louisiana Laws › Civil Code › Art. 1598. Right of legatees to fruits and products

Art. 1598. Right of legatees to fruits and products
All legacies, whether particular, general, or universal, include the fruits and products attributable to the object of the legacy from the date of death, but the right of any legatee to distribution under this Article is subject to administration of the succession.
Nevertheless, the legatee of a specified amount of money is entitled to interest on it, at a reasonable rate, beginning one year after the testator's death, but the executor may, by contradictory proceedings with the legatee and upon good cause shown, obtain an extension of time for such interest to begin to accrue and for such other modification with regard to payment of interest as the court deems appropriate. If, however, the legacy is subject to a usufruct for life of a surviving spouse or is held in trust subject to an income interest for life, to or for the benefit of a surviving spouse, the spouse shall be entitled to interest on the money from the date of death at a reasonable rate.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1601. Preference of payment among particular legacies

Art. 1601. Preference of payment among particular legacies
If the property remaining after payment of the debts and satisfaction of the legitime proves insufficient to discharge all particular legacies, the legacies of specific things must be discharged first and then the legacies of groups and collections of things. Any remaining property must be applied toward the discharge of legacies of money, to be divided among the legatees of money in proportion to the amounts of their legacies. When a legacy of money is expressly declared to be in recompense for services, it shall be paid in preference to all other legacies of money.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1602. Discharge of an unsatisfied particular legacy

Art. 1602. Discharge of an unsatisfied particular legacy
Intestate successors and general and universal legatees are personally bound to discharge an unpaid particular legacy, each in proportion to the part of the estate that he receives.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1604. Discharge of legacies, limitation of liability

Art. 1604. Discharge of legacies, limitation of liability
In all the foregoing instances, a successor who is obligated to discharge a legacy is personally liable for his failure to do so only to the extent of the value of the property of the estate that he receives, valued as of the time of receipt. He is not personally liable to other successors by way of contribution or reimbursement for any greater amount.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1606. Testator's right of revocation

SECTION 6. REVOCATION OF TESTAMENTS AND LEGACIES
Art. 1606. Testator's right of revocation
A testator may revoke his testament at any time. The right of revocation may not be renounced.
Acts 1997, No. 1421, §1, eff. July 1, 1999.
2023 Louisiana Laws › Civil Code › Art. 1607. Revocation of entire testament by testator

Art. 1607. Revocation of entire testament by testator
Revocation of an entire testament occurs when the testator does any of the following:
(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.
Acts 1997, No. 1421, §1, eff. July 1, 1999.