ENROLLED
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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 131
BY REPRESENTATIVE LOPINTO
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study the testamentary disposition
of the right to bring a survival action pursuant to Civil Code Article 2315.1 and to
report its findings and recommendations in the form of specific proposed legislation
to the legislature on or before January 1, 2013.
WHEREAS, Civil Code Article 2315.1 provides a survival action in favor of certain
classes of survivors to the exclusion of others; and
WHEREAS, the Legislature of Louisiana has provided that this survival action is
heritable; and
WHEREAS, mandatory transfer of a survival action to the favored class under Civil
Code Article 2315.1 may conflict with the decedent's testamentary wishes when the decedent
has been estranged from the favored class for a considerable length of time; and
WHEREAS, testamentary disposal of a survival action may result in a more equitable
distribution of a decedent's assets.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study the testamentary disposition of
the right to bring a survival action pursuant to Civil Code Article 2315.1 and to make
specific recommendations for legislation. ENROLLEDHCR NO. 131
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BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the director of the Louisiana State Law Institute and that the Louisiana State Law Institute
report its findings and recommendations in the form of specific proposed legislation to the
Legislature of Louisiana on or before January 1, 2013.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE