LA Notary Donations Inter Vivos and Mortis Causa 2 — Questions and Answers
Question 1: Under Louisiana law, what is required for a valid inter vivos donation of an immovable?
- Only a verbal agreement between the parties
- An act passed before a notary and two witnesses, with the donor declaring the donation (Correct answer)
- A simple written agreement signed by the donor
- Filing a petition with the court
Correct answer: An act passed before a notary and two witnesses, with the donor declaring the donation
An inter vivos donation of an immovable must be made by authentic act before a notary and two witnesses.
Louisiana Civil Code Article 1541 requires that a donation inter vivos of an immovable must be made by authentic act under penalty of absolute nullity.
Question 2: What is a donation mortis causa in Louisiana law?
- A donation that takes effect immediately upon signing
- A donation that takes effect at the death of the donor, governed by the law of testaments (Correct answer)
- A gift made between spouses during marriage
- A charitable contribution made to a nonprofit
Correct answer: A donation that takes effect at the death of the donor, governed by the law of testaments
A donation mortis causa takes effect at the donor's death and must comply with testamentary formalities.
Louisiana Civil Code Article 1570 provides that a donation mortis causa takes effect at the death of the donor. Such donations are governed by the rules applicable to testamentary dispositions.
Question 3: Can a donation inter vivos in Louisiana be revoked after acceptance by the donee?
- Yes, at any time for any reason
- No, never under any circumstances
- Only for ingratitude of the donee, failure to fulfill conditions, or legal revocation upon birth of children (Correct answer)
- Only by mutual consent of both parties
Correct answer: Only for ingratitude of the donee, failure to fulfill conditions, or legal revocation upon birth of children
Louisiana law permits revocation of inter vivos donations only in limited circumstances.
Louisiana Civil Code Articles 1556-1568 govern revocation. Donations may be revoked for ingratitude, non-fulfillment of a condition, or legal cause. The action for revocation on grounds of ingratitude prescribes in one year.
Question 4: What is the effect of a donation that exceeds the disposable portion and infringes on the forced portion under Louisiana law?
- The entire donation is void
- The donation is reduced to the extent necessary to satisfy the forced heirs' legitime (Correct answer)
- The donee must return all donated property
- The donation converts to a loan
Correct answer: The donation is reduced to the extent necessary to satisfy the forced heirs' legitime
Donations that infringe on the forced portion are subject to reduction to protect forced heirs.
Louisiana Civil Code Articles 1502-1514 provide for the reduction of excessive donations. The donation is reduced only to the extent necessary to satisfy the legitime. The most recent donations are reduced first.
Question 5: Under Louisiana law, may spouses make donations to each other during marriage?
- No, interspousal donations are always prohibited
- Yes, but only by authentic act and subject to special rules (Correct answer)
- Yes, with no restrictions at all
- Only through a prenuptial agreement
Correct answer: Yes, but only by authentic act and subject to special rules
Louisiana permits interspousal donations during marriage but they must comply with form requirements and specific rules.
Louisiana Civil Code Article 1747 and related provisions allow donations between spouses during marriage. Interspousal donations of immovables must be made by authentic act. They can be revoked during marriage by the donor spouse.
Question 6: What is a disguised donation under Louisiana civil law?
- A donation made anonymously
- A gratuitous transfer made in the form of an onerous contract to conceal the true nature of the transaction (Correct answer)
- A donation to a trust
- A gift made through an intermediary for tax purposes
Correct answer: A gratuitous transfer made in the form of an onerous contract to conceal the true nature of the transaction
A disguised donation uses the form of an onerous contract to hide the gratuitous nature of the transfer.
Under Louisiana Civil Code Article 2028, a disguised donation occurs when parties structure a gratuitous transfer as an onerous contract. If the disguise is proven, the transaction is treated as a donation and must meet donation formalities.
LA Notary Donations Inter Vivos and Mortis Causa 2
Under Louisiana law, what is required for a valid inter vivos donation of an immovable?