Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:1894 Representation
0.5K chars
§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 repres…
La. Rev. Stat. § 9:1895 Effect of death of class member during the term of the trust
1.1K chars
§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 th…
La. Rev. Stat. § 9:1896 Closing of the class
0.3K chars
§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 …
La. Rev. Stat. § 9:1897 Term; general rule
0.2K chars
§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 Effect of stipulation of excessive term
0.2K chars
§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 Distribution of income; forced heirs
0.3K chars
§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 prov…
La. Rev. Stat. § 9:1900 Absence of living members before class closes; treatment of income
0.5K chars
§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 …
La. Rev. Stat. § 9:1901 Closing of class; members living; effect; termination
0.2K chars
§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.
La. Rev. Stat. § 9:1902 Closing of class; continuation of trust
0.4K chars
§1902. Closing of class; continuation of trust When the members of a class are designated beneficiaries of principal only and the beneficiaries of income are not a class as defined in this Sub-part, the trust shall terminate when the class has closed and all interests in income h…
La. Rev. Stat. § 9:1903 Class not closed; termination of income interests; effect
0.4K chars
§1903. Class not closed; termination of income interests; effect If all designated beneficiaries of income have died, or the period of their enjoyment has otherwise lapsed before the class that is beneficiary of the trust principal has closed, the income shall be credited and dis…
La. Rev. Stat. § 9:1904 General rule
0.4K chars
§1904. General rule If the members of one class are designated beneficiaries of income and members of a different class are designated as beneficiaries of principal, the class of beneficiaries of income shall be governed by R.S. 9:1899 through 1901 and the class of beneficiaries …
La. Rev. Stat. § 9:1905 Interests in income
0.2K chars
§1905. Interests in income If members of the same class are designated beneficiaries of both income and principal, interests in income before the class closes shall be governed by R.S. 9:1899 through 1901. Acts 2015, No. 219, §1.
La. Rev. Stat. § 9:1906 Term
0.2K chars
§1906. Term The trust shall continue with respect to the share of a class member for his lifetime unless the trust instrument stipulates a shorter term, but the trust shall not terminate with respect to any interest until the class is closed.
La. Rev. Stat. § 9:191 Definition
0.2K chars
§191. Definition As used in this Chapter, "taxidermist" means a person who, for a consideration, mounts, preserves, or otherwise prepares the body of any bird, animal, or fish, or any part thereof, for display. Added by Acts 1983, No. 115, §1.
La. Rev. Stat. § 9:192 Disposition
1.5K chars
§192. Disposition A. Any taxidermist may sell any unclaimed specimen left in his possession in excess of one year, provided that he complies with the following requirements: (1) Each taxidermist shall receive, upon written request to the Secretary of the Department of Wildlife an…
La. Rev. Stat. § 9:1921 General rule
0.3K chars
§1921. General rule An employer may create a trust for the benefit of employees whether or not the beneficiaries are in being and ascertainable at the time of its creation. Several settlors may join in one trust for the benefit of their respective employees.
La. Rev. Stat. § 9:1922 Term of trust
0.1K chars
§1922. Term of trust A trust for employees may be created for any term or for an indefinite term.
La. Rev. Stat. § 9:1931 General rule
0.3K chars
§1931. General rule A settlor or any other person may make additions of property to an existing trust by donation inter vivos or mortis causa, with the approval of the trustee. The right to make additions may be restricted or denied by the trust instrument.
La. Rev. Stat. § 9:1932 Form
0.2K chars
§1932. Form An addition of property to an existing trust must be made and accepted in the form required for such a donation free of trust. Acts 2001, No. 594, §2.
La. Rev. Stat. § 9:1933 Rights of person who adds property
0.2K chars
§1933. Rights of person who adds property A person who adds property to an existing trust cannot acquire the rights of a settlor by virtue of the transfer, but the addition is subject to the general law of donations.
La. Rev. Stat. § 9:1934 Modification, termination, rescission, or revocation of trust to which property added
0.3K chars
§1934. Modification, termination, rescission, or revocation of trust to which property added A trust may be modified, terminated, rescinded, or revoked, as provided by law or the trust instrument, without the consent of a person who has added property to the trust, even though th…
La. Rev. Stat. § 9:1935 When addition by donation inter vivos effected
0.2K chars
§1935. When addition by donation inter vivos effected An addition of property to an existing trust by donation inter vivos is effective upon acceptance by the trustee.
La. Rev. Stat. § 9:1936 When addition by donation mortis causa effected
0.2K chars
§1936. When addition by donation mortis causa effected An addition of property to an existing trust by donation mortis causa is effective at the moment of the donor's death.
La. Rev. Stat. § 9:1937 Definition of annual exclusion
0.3K chars
§1937. Definition of annual exclusion When a trust anticipates future annual additions and refers to the annual exclusion from federal gift tax without stipulating a dollar limitation, the dollar limitation shall be the amount of the exclusion in effect in the year in which the d…
La. Rev. Stat. § 9:195 Provisional tutor upon death of mother
0.3K chars
§195. Provisional tutor upon death of mother There shall be appointed for the children a provisional tutor in the manner herein directed, if at the time of the disappearance of the father, the mother should be dead, or if she should die before their attaining the age of majority.…
La. Rev. Stat. § 9:1951 General rule
0.5K chars
§1951. General rule A trust may be created for mixed private and charitable purposes. The dispositive provisions of such a trust in favor of private beneficiaries are governed by the provisions of this Code; those in favor of charitable beneficiaries are governed by Parts I throu…
La. Rev. Stat. § 9:1952 Invasion of principal in mixed trusts
0.3K chars
§1952. Invasion of principal in mixed trusts Invasion of principal in unitrusts and annuity trusts, as defined in the United States Internal Revenue Code, shall be regulated by principles set forth in that Code, unless the trust instrument provides otherwise. Added by Acts 1972, …
La. Rev. Stat. § 9:1953 Assignment of interest in trust and termination of trust for mixed private and
1.0K chars
§1953. Assignment of interest in trust and termination of trust for mixed private and charitable purposes A. Unless the trust instrument provides otherwise or specifically contains a special needs provision, a private beneficiary of a trust for mixed private and charitable purpos…
La. Rev. Stat. § 9:1955 Power to divide community interests
1.0K chars
§1955. Power to divide community interests If a married couple transfers property to a trustee of a trust they alone have created, or if the trustee of that trust is designated as the beneficiary of a benefit payable upon a spouse's death under a policy or plan, and the transferr…
La. Rev. Stat. § 9:196 Limited tutorship by nature
0.7K chars
§196. Limited tutorship by nature A tutor who is entitled to tutorship by nature pursuant to the provisions of Section 2 of Chapter 1 of Title VIII of Book I of the Civil Code and without qualification may perform or discharge any act affecting any right or interest of the minor …
La. Rev. Stat. § 9:1961 Nature of the interest
0.9K chars
§1961. Nature of the interest A. An interest in income may be given absolutely or conditionally. It may be given for the life of a beneficiary or for a term, certain or uncertain, not exceeding the life of a beneficiary. B. A settlor may allocate to a beneficiary of income a port…
La. Rev. Stat. § 9:1962 Distribution of income
0.2K chars
§1962. Distribution of income In the absence of a contrary stipulation, income shall be distributed to the designated beneficiary at least every six months.
La. Rev. Stat. § 9:1963 Permissible stipulations regulating distribution of income
0.8K chars
§1963. Permissible stipulations regulating distribution of income Except as otherwise provided with respect to class trusts and the legitime in trust, a settlor may stipulate when the income allocated to a beneficiary shall be distributed to him, or may stipulate that the trustee…
La. Rev. Stat. § 9:1964 Termination of income interest; undistributed income
0.5K chars
§1964. Termination of income interest; undistributed income An interest in income terminates upon the death of the designated beneficiary, or at the expiration of the period of his enjoyment if the interest is for a period less than life. At the termination of an income interest,…
La. Rev. Stat. § 9:1965 Effect of termination of interest
1.0K chars
§1965. Effect of termination of interest Unless the trust instrument provides otherwise: (1) Termination of the interest of the sole income beneficiary prior to the termination of the trust causes each principal beneficiary to become a beneficiary of income in an amount proportio…
La. Rev. Stat. § 9:1971 Time of acquisition of interest
0.3K chars
§1971. Time of acquisition of interest The interest of a principal beneficiary is acquired immediately upon the creation of a trust, subject to the exceptions provided in this Code and in Civil Code Article 1521. Acts 1995, No. 413, §1; Acts 2010, No. 390, §1.
La. Rev. Stat. § 9:1972 Treatment of interest upon death of principal beneficiary
0.4K chars
§1972. Treatment of interest upon death of principal beneficiary Upon a principal beneficiary's death, his interest vests in his heirs or legatees, subject to the trust. Nevertheless, the trust instrument may provide otherwise by designating substitute principal beneficiaries to …
La. Rev. Stat. § 9:1973 Shifting interest in principal
1.1K chars
§1973. Shifting interest in principal A.(1) Except as to the legitime in trust, the trust instrument may provide that the interest of an original or a substitute principal beneficiary of an irrevocable trust vests in one or more of his descendants upon the death of the beneficiar…
La. Rev. Stat. § 9:1974 Substitute beneficiary's interest may be conditional
0.4K chars
§1974. Substitute beneficiary's interest may be conditional The interest of a substitute beneficiary may be conditioned upon his surviving the principal beneficiary. The trust instrument may provide for one or more alternative substitute beneficiaries if a substitute beneficiary …
La. Rev. Stat. § 9:1975 Requirement that substitute beneficiary be in being and ascertainable
0.4K chars
§1975. Requirement that substitute beneficiary be in being and ascertainable Except as provided in R.S. 9:1978, a substitute beneficiary must be in being and ascertainable on the date of the creation of the trust; provided, however, that a class may be a substitute beneficiary su…
La. Rev. Stat. § 9:1976 Treatment upon death of substitute beneficiary whose interest is not conditioned on survival
0.3K chars
§1976. Treatment upon death of substitute beneficiary whose interest is not conditioned on survival Upon a substitute beneficiary's death, his interest, if not conditioned on survival, vests in his heirs or legatees subject to the trust. Added by Acts 1974, No. 160, §1.
La. Rev. Stat. § 9:1977 Class as substitute beneficiary
0.2K chars
§1977. Class as substitute beneficiary If the substitute beneficiary is a class, the interest of a deceased member of the class is determined by the rules governing class trusts. Added by Acts 1974, No. 160, §1.
La. Rev. Stat. § 9:1978 Shifting interest in principal if beneficiary is descendant of settlor
0.3K chars
§1978. Shifting interest in principal if beneficiary is descendant of settlor The trust instrument may provide that the substitute beneficiaries under R.S. 9:1973 are one or more of settlor's descendants who are in being and ascertainable on the date of death of the principal ben…
La. Rev. Stat. § 9:1979 Status of potential substitute principal beneficiary
0.3K chars
§1979. Status of potential substitute principal beneficiary A person who will be a principal beneficiary of a trust only if a substitution occurs under R.S. 9:1973 is not considered a principal beneficiary until the substitution occurs. Acts 2003, No. 480, §1.
La. Rev. Stat. § 9:1981 General Rule
0.3K chars
§1981. General Rule A beneficiary, whether of principal or income, may refuse an interest at any time after creation of the trust, provided he does so before accepting any benefit under the trust. A person incapable of contracting cannot refuse an interest in trust, but his repre…
La. Rev. Stat. § 9:1982 Acceptance of interest in inter vivos trust by creditor; effect
0.2K chars
§1982. Acceptance of interest in inter vivos trust by creditor; effect If a beneficiary of a gratuitous inter vivos trust refuses his interest, his creditor cannot accept it in his stead.
La. Rev. Stat. § 9:1983 Acceptance of interest in testamentary trust by creditor; effect
0.3K chars
§1983. Acceptance of interest in testamentary trust by creditor; effect If a beneficiary of a testamentary trust refuses his interest to the prejudice of his creditors' rights, the creditors may accept in his stead to the extent that their rights have been prejudiced.
La. Rev. Stat. § 9:1984 Rights of beneficiary who refuses interest in testamentary trust
0.2K chars
§1984. Rights of beneficiary who refuses interest in testamentary trust A beneficiary who refuses his interest in a testamentary trust cannot take the interest in the property free of the trust.
La. Rev. Stat. § 9:1985 Manner of refusal; effect of conditions
0.4K chars
§1985. Manner of refusal; effect of conditions The refusal of an interest conferred in an inter vivos trust shall be in authentic form unequivocally disclaiming the interest. The refusal of an interest conferred in a testamentary trust shall be by renunciation of the settlor's su…
La. Rev. Stat. § 9:1986 Retroactive nature of refusal
0.2K chars
§1986. Retroactive nature of refusal A refusal operates retroactively to the date of the creation of the trust, and a beneficiary is considered never to have received an interest.