HLS 12RS-753 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 469
BY REPRESENTATIVE ABRAMSON
RECORDS/RECORDATI ON: Provides with respect to property held in a trust
AN ACT1
To amend and reenact R.S. 9:2092(A) and (B)(2) and 2262.2(A) and (B)(2), to enact R.S.2
9:2092(B)(3) and 2262.2(B)(3), and to repeal R.S. 9:2092(B)(1)(f) and3
2262.2(B)(1)(g), relative to property held in a trust; to provide for recordation of4
certain documents; to provide for the contents of an extract of trust relative to the5
authority of a trustee; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 9:2092(A) and (B)(2) and 2262.2(A) and (B)(2) are hereby amended8
and reenacted and R.S. 9:2092(B)(3) and 2262.2(B)(3) are hereby enacted to read as follows:9
§2092. Recordation of instruments10
A. If at any time the trust property of either an inter vivos trust or a11
testamentary trust includes immovables or other property the title to which must be12
recorded in order to affect third parties, a trustee shall file the trust instrument, or an13
extract thereof, or a recorded copy of either certified by a clerk of court or recorder14
of conveyances for any parish, for record in each parish in which the property is15
located.16
B.17
* * *18
(2) Unless the extract of trust recites or otherwise notes any restrictions or19
limitations on the trustee's authority, no alienation or encumbrance of trust property20
shall be set aside on the ground that the trustee did not have all of the powers granted21
to trustees under the Louisiana Trust Code.22 HLS 12RS-753 ORIGINAL
HB NO. 469
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(3) The provisions of this Section authorizing the filing of an extract of the1
trust instrument or a clerk-certified copy of the trust instrument or extract of trust2
without a description of the property are remedial and shall be applied retroactively3
to any trust extract or clerk-certified copy of either the trust instrument or extract of4
trust theretofore filed for record which is in substantial compliance with the5
provisions of this Subsection, and such extract or clerk-certified copy shall affect6
third persons as of the date of recordation. If the extract of an inter vivos trust7
instrument or clerk-certified copy thereof is recorded, the failure of the trust8
instrument to be in the form required by R.S. 9:1752 shall not be effective against9
third parties, who shall be immune from claims based on the failure of the trust10
instrument to be in the form required by R.S. 9:1752.11
* * *12
§2262.2. Recordation of instruments13
A. If at any time the trust property of a foreign trust includes an immovable14
or other property in Louisiana the title to which must be recorded in order to affect15
third parties, a trustee shall file the trust instrument, or an extract thereof, or a16
recorded copy of either certified by a clerk of court or recorder of conveyances for17
any parish, for record in each parish in which the property is located.18
B.19
* * *20
(2) Unless the extract of trust recites or otherwise notes any restrictions or21
limitations on the trustee's authority, no alienation or encumbrance of trust property22
shall be set aside on the ground that the trustee did not have all of the powers granted23
to trustees under the Louisiana Trust Code.24
(3) The provisions of this Section authorizing the filing of an extract of the25
trust instrument or a clerk-certified copy of the trust instrument or extract of trust26
without a description of the property are remedial and shall be applied retroactively27
to any trust extract or clerk-certified copy of either the trust instrument or extract of28
trust theretofore filed for record which is in substantial compliance with the29 HLS 12RS-753 ORIGINAL
HB NO. 469
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are additions.
provisions of this Section, and such extract shall affect third persons as of the date1
of recordation.2
Section 2. R.S. 9:2092(B)(1)(f) and 2262.2(B)(1)(g) are hereby repealed in their3
entirety.4
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 469
Abstract: Authorizes a trustee of an inter vivos trust, a testamentary trust, or a foreign trust
that includes immovable property to file a recorded copy of either the trust document
or extract which is certified by a clerk of court or recorder of conveyances for any
parish.
Present law provides that if the trust property of either an inter vivos trust, a testamentary
trust, or a foreign trust includes immovables or other property the title to which must be
recorded, a trustee shall file the trust instrument or an extract thereof in each parish in which
the property is located.
Proposed law retains present law and authorizes recording a copy of either the trust
instrument or extract which is certified by a clerk of court or recorder of conveyances for any
parish.
Present law provides that an extract of the trust shall include the name of the trust, a
statement as to whether the trust is revocable or irrevocable, the name of each settlor, the
name of each trustee and name or other description of the beneficiary or beneficiaries, the
date of execution of the trust, and a brief description of the immovable property or other
property subject to the trust, the title to which must be recorded in order to affect third
persons.
Proposed law deletes the requirement to include a brief description of the immovable
property or other property subject to the trust.
Proposed law provides that unless the extract of trust recites any restrictions on the trustee's
authority, no alienation or encumbrance of trust property shall be set aside on the ground that
the trustee did not have all of the powers granted to trustees under the La. Trust Code.
Proposed law provides that the authorization to file an extract of the trust instrument or a
clerk-certified copy of the trust instrument or extract of trust without a description of the
property shall be applied retroactively to any trust extract or clerk-certified copy of either
the trust instrument or extract of trust filed for record.
(Amends R.S. 9:2092(A) and (B)(2) and 2262.2(A) and (B)(2); Adds R.S. 9:2092(B)(3) and
2262.2(B)(3); Repeals R.S. 9:2092(B)(1)(f) and 2262.2(B)(1)(g))