Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:1987 Effect of refusal upon trustee
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§1987. Effect of refusal upon trustee A refusal is not effective as to a trustee until a copy of the act of refusal has been received by him. Acts performed by a trustee before a beneficiary's refusal becomes effective as to the trustee are not affected by the refusal.
La. Rev. Stat. § 9:1988 Partial refusal; refusal in another's favor
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§1988. Partial refusal; refusal in another's favor A beneficiary may refuse all or any part of an interest in trust. The designation of the person in whose favor the refusal is to operate constitutes acceptance, but such a designation is subject to any restraint placed upon alien…
La. Rev. Stat. § 9:1989 Refusal of addition to trust
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§1989. Refusal of addition to trust A beneficiary who has not refused his interest under the trust instrument may refuse an addition of property to the trust.
La. Rev. Stat. § 9:1990 Effect of refusal upon interest refused
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§1990. Effect of refusal upon interest refused A settlor may stipulate the effect of refusal. Unless the trust instrument otherwise provides, the following rules govern: (1) Refusal of the entire interest in trust causes the trust to fail. (2) Refusal by the sole income beneficia…
La. Rev. Stat. § 9:2001 General rule
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§2001. General rule A beneficiary may transfer or encumber the whole or any part of his interest unless the trust instrument provides to the contrary.
La. Rev. Stat. § 9:2002 Restraint upon alienation
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§2002. Restraint upon alienation The trust instrument may provide that the interest of a beneficiary shall not be subject to voluntary or involuntary alienation by a beneficiary. A restraint upon voluntary alienation by a beneficiary is valid. But a restraint upon involuntary ali…
La. Rev. Stat. § 9:2003 Form
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§2003. Form Except as otherwise provided by Chapter 9 of the Louisiana Commercial Laws, R.S. 10:9-101 et seq., where applicable, a transfer or an encumbrance by a beneficiary of his interest shall be by authentic act or by act under private signature executed in the presence of t…
La. Rev. Stat. § 9:2004 Seizure by creditor; general rule
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§2004. Seizure by creditor; general rule A creditor may seize only: (1) An interest in income or principal that is subject to voluntary alienation by a beneficiary. (2) A beneficiary's interest in income and principal, to the extent that the beneficiary has donated property to th…
La. Rev. Stat. § 9:2005 Seizure by creditor; special claims
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§2005. Seizure by creditor; special claims Notwithstanding any stipulation in the trust instrument to the contrary, the proper court, in summary proceedings to which the trustee, the beneficiary, and the beneficiary's creditor shall be parties, may permit seizure of any portion o…
La. Rev. Stat. § 9:2006 Exemption from seizure
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§2006. Exemption from seizure Exemptions from seizure accorded by law to any kind of property or interest in property are effective with respect to such property in trust to the same extent as if the property were held free of trust.
La. Rev. Stat. § 9:2007 Use of words "spendthrift trust"
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§2007. Use of words "spendthrift trust" A declaration in a trust instrument that the interest of a beneficiary shall be held subject to a "spendthrift trust" is sufficient to restrain alienation by a beneficiary of the interest to the maximum extent permitted by this Sub-part.
La. Rev. Stat. § 9:201 Definition
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§201. Definition An officiant is a person authorized by law to perform marriage ceremonies. Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
La. Rev. Stat. § 9:2011 General rule
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§2011. General rule A revocable trust instrument need not designate the beneficiaries upon the creation of the trust but may instead provide a method whereby they are determined at a later date, but no later than the date when the trust becomes irrevocable. A beneficiary thus det…
La. Rev. Stat. § 9:2012 Provisional principal beneficiaries
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§2012. Provisional principal beneficiaries Until the time when the principal beneficiaries are determined, the persons who would be the principal beneficiaries had that time arrived shall be known as the provisional principal beneficiaries. Provisional principal beneficiaries sha…
La. Rev. Stat. § 9:2013 Settlor as default principal beneficiary
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§2013. Settlor as default principal beneficiary If the trust instrument fails effectively to designate a principal beneficiary at the time when the principal beneficiary is to be determined, the settlor shall be the principal beneficiary, and upon his death his interest shall ves…
La. Rev. Stat. § 9:2014 Number of settlors allowed
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§2014. Number of settlors allowed A. Except as provided in Subsection B, the provisions of this Subpart shall apply only if the trust has but one settlor. B. If a trust is created by two settlors who are married to each other, and the trust instrument divides community property i…
La. Rev. Stat. § 9:202 Authority to perform marriage ceremony
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§202. Authority to perform marriage ceremony A marriage ceremony may be performed by: (1) A priest, minister, rabbi, clerk of the Religious Society of Friends, or any clergyman of any religious sect, who has attained the age of majority and is authorized by the authorities of his…
La. Rev. Stat. § 9:2021 General rule; modification
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§2021. General rule; modification The settlor may modify the terms of the trust after its creation only to the extent he expressly reserves the right to do so.
La. Rev. Stat. § 9:2022 Effect of reservation of right to revoke
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§2022. Effect of reservation of right to revoke Reservation of the right to revoke includes the right to modify the trust.
La. Rev. Stat. § 9:2023 Effect of reservation of unrestricted right to modify
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§2023. Effect of reservation of unrestricted right to modify If the settlor reserves an unrestricted right to modify the trust, he may change or amend the terms of the trust in any particular, or even revoke or terminate the trust.
La. Rev. Stat. § 9:2024 Concurrence of settlors in modification
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§2024. Concurrence of settlors in modification All surviving competent settlors must concur in a modification of the trust.
La. Rev. Stat. § 9:2025 Delegation of right to terminate or to modify administrative provisions
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§2025. Delegation of right to terminate or to modify administrative provisions A settlor may delegate to another person the right to terminate a trust, or to modify the administrative provisions of a trust, but the right to modify other provisions of a trust may not be delegated …
La. Rev. Stat. § 9:2026 Termination or modification to prevent impairment of trust purposes; termination
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§2026. Termination or modification to prevent impairment of trust purposes; termination of small trust A. The proper court may order the termination or modification of a trust, in whole or in part, if the continuance of the trust unchanged would defeat or substantially impair the…
La. Rev. Stat. § 9:2027 Accomplishment of purposes becoming impossible or illegal
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§2027. Accomplishment of purposes becoming impossible or illegal The proper court may order the termination or modification of the trust if the purpose for which it is created becomes impossible of accomplishment or illegal.
La. Rev. Stat. § 9:2028 Concurrence of settlors in termination
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§2028. Concurrence of settlors in termination Except as otherwise provided by law or the trust instrument, the consent of all settlors, trustees, and beneficiaries shall not be effective to terminate the trust or any disposition in trust. Acts 2015, No. 219, §1.
La. Rev. Stat. § 9:2029 Effect of termination
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§2029. Effect of termination A termination of a trust causes the dispositive provisions of the trust to achieve their ultimate effect. A partial termination of a trust causes some of the dispositive provisions to achieve their ultimate effect. A beneficiary receiving trust proper…
La. Rev. Stat. § 9:2029.1 Termination of trust; immovable property owned by trust
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§2029.1. Termination of trust; immovable property owned by trust If a trust owns immovable property at the time the trust terminates and the date of termination is not discernable on the face of the recorded trust agreement or extract of trust, the termination shall not cause the…
La. Rev. Stat. § 9:203 Officiant; judges and justices of the peace
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§203. Officiant; judges and justices of the peace A. Judges and justices of the peace may perform marriage ceremonies within the following territorial limits: (1) A justice of the supreme court within the state; (2) A judge of a court of appeals within the circuit; (3) A judge of…
La. Rev. Stat. § 9:2030 Combination and division of trusts
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§2030. Combination and division of trusts A trustee may combine two or more trusts into one trust, or divide a trust into two or more trusts, on written notice to all beneficiaries having a current interest in the trust or trusts, if the combination or division does not impair th…
La. Rev. Stat. § 9:2031 Delegation of right to modify
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§2031. Delegation of right to modify A. A trust instrument may authorize a person who is in being on the date of the creation of the trust to modify the provisions of the trust instrument in order to add or remove beneficiaries, or modify their rights, if all of the affected bene…
La. Rev. Stat. § 9:204 Officiant other than judge; registration
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§204. Officiant other than judge; registration An officiant, other than a judge or justice of the peace, may perform marriage ceremonies only after he registers to do so by depositing with the clerk of court of the parish in which he will principally perform marriage ceremonies, …
La. Rev. Stat. § 9:2041 General rule; revocation
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§2041. General rule; revocation 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.
La. Rev. Stat. § 9:2042 Effect of reservation of right to revoke
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§2042. Effect of reservation of right to revoke A reservation by the settlor of the right to revoke includes the right to revoke the interest of any beneficiary, unless otherwise limited by the trust instrument.
La. Rev. Stat. § 9:2043 Revocation or rescission under general law
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§2043. Revocation or rescission under general law An onerous disposition in trust may be rescinded for the causes and under the limitations specified in the general law of contracts. A gratuitous disposition may be revoked for the causes and under the limitations specified in the…
La. Rev. Stat. § 9:2044 Concurrence of settlors in revocation; effect
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§2044. Concurrence of settlors in revocation; effect Revocation of a trust, or of a disposition in trust, pursuant to a reservation of such a right, requires the concurrence of all surviving competent settlors, in the absence of a contrary stipulation.
La. Rev. Stat. § 9:2045 Delegation of right to revoke
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§2045. Delegation of right to revoke A settlor who has reserved the right to revoke a trust may delegate the right. The delegation may be accomplished only by an express statement in the trust instrument or in a power of attorney executed by authentic act referring to the trust. …
La. Rev. Stat. § 9:2046 Effect of revocation or rescission
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§2046. Effect of revocation or rescission The settlor may stipulate the effect of revocation or rescission of a disposition. Unless the trust instrument otherwise provides, the following rules shall govern: (1) Revocation or rescission shall cause the trust to fail and the trust …
La. Rev. Stat. § 9:2047 Revocation of inter vivos trusts upon divorce
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§2047. Revocation of inter vivos trusts upon divorce 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 i…
La. Rev. Stat. § 9:205 Officiant to require marriage license
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§205. Officiant to require marriage license An officiant may not perform a marriage ceremony until he has received a license authorizing him to perform that marriage ceremony. Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 1988, No. 978, §1; Acts 1990, No. 81, §§1, 2.
La. Rev. Stat. § 9:2051 Form
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§2051. Form 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 …
La. Rev. Stat. § 9:2061 General rule
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§2061. General rule The nature and extent of the duties and powers of a trustee are determined from the provisions of the trust instrument, except as otherwise expressly provided in this Code, and, in the absence of any provisions of the trust instrument, by the provisions of thi…
La. Rev. Stat. § 9:2062 Limitation of duties by settlor
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§2062. Limitation of duties by settlor A provision of the trust instrument that purports to limit a trustee's duty of loyalty to the beneficiary is ineffective, except to the extent permitted by this Part.
La. Rev. Stat. § 9:2063 Relief from duties by beneficiary
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§2063. Relief from duties by beneficiary By written instrument delivered to a trustee a competent beneficiary who is acting upon full information may, with respect to himself, and with the trustee's consent, relieve the trustee from duties and restrictions concerning the administ…
La. Rev. Stat. § 9:2064 Judicial permission or direction to deviate from administrative provisions of trust instrument
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§2064. Judicial permission or direction to deviate from administrative provisions of trust instrument The proper court may direct or permit a trustee to deviate from a provision of the trust instrument concerning the administration of the trust if compliance would defeat or subst…
La. Rev. Stat. § 9:2065 Judicial permission to deviate from administrative provisions of this code
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§2065. Judicial permission to deviate from administrative provisions of this code The proper court for cause shown may relieve a trustee from duties and restrictions that otherwise would be placed upon him by the administrative provisions of this Code.
La. Rev. Stat. § 9:2066 Judicial permission or direction to deviate from investment provisions of trust instrument
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§2066. Judicial permission or direction to deviate from investment provisions of trust instrument The proper court, if convinced that adherence to the investments prescribed by the trust instrument would be likely to affect adversely the best interests of a beneficiary to a serio…
La. Rev. Stat. § 9:2067 Invasion of principal; action of court
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§2067. Invasion of principal; action of court The proper court may direct or permit a trustee to pay income or principal from the trust property for the necessary support, maintenance, education, medical expenses, or welfare of a beneficiary before the time he is entitled to the …
La. Rev. Stat. § 9:2068 Invasion of principal; provisions of trust instrument
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§2068. Invasion of principal; provisions of trust instrument A. The trust instrument may direct or permit a trustee to pay principal to an income beneficiary for support, maintenance, education, or medical expenses, or, pursuant to an objective standard, for any other purpose. Th…
La. Rev. Stat. § 9:2069 Winding-up duty and powers of trustee
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§2069. Winding-up duty and powers of trustee If the trust terminates or is revoked, or if the trustee resigns or is removed, he shall preserve the trust property and deliver it without delay to those persons who are entitled to it. Until he delivers the property, the trustee shal…
La. Rev. Stat. § 9:2081 Breach of trust defined
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§2081. Breach of trust defined A violation by a trustee of a duty he owes to a beneficiary as trustee is a breach of trust.