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Regular Session, 2014
HOUSE BILL NO. 1114
BY REPRESENTATIVE ABRAMSON
(On Recommendation of the Louisiana State Law Institute)
SUCCESSIONS: Provides relative to successions and donations
AN ACT1
To amend and reenact Civil Code Articles 1495 and 1522 and Code of Civil Procedure2
Article 3396.9, and to repeal Civil Code Article 1493(E), relative to successions and3
donations; to provide for forced heirs and the amount of the forced portion and4
disposable portion; to provide for separate donations of usufruct and naked5
ownership; to provide for concurrence of successors who are interdicts or6
unemancipated minors; to provide for an effective date; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Civil Code Articles 1495 and 1522 are hereby amended and reenacted10
to read as follows: 11
Art. 1495. Amount of forced portion and disposable portion 12
Donations inter vivos and mortis causa may not exceed three-fourths of the13
property of the donor if he leaves, at his death, one forced heir, and one-half if he14
leaves, at his death, two or more forced heirs. The portion reserved for the forced15
heirs is called the forced portion and the remainder is called the disposable portion.16
The forced portion shall be calculated according to the number of descendants of the17
first degree who qualify as forced heirs in their own right or are represented for18
purposes of forced heirship.19 HLS 14RS-2298 ENGROSSED
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Nevertheless, if when the fraction that would otherwise be used to calculate1
the legitime share of a forced heir who qualifies in his own right or is represented is2
greater than the fraction of the decedent's estate to which the forced heir would3
succeed by intestacy, then the legitime his share shall be calculated by using the4
fraction of an intestate successor.5
When representation occurs for purposes of forced heirship, the division is6
made by roots among those qualifying as forced heirs or being represented. Within7
each root, the division is made by heads among those qualifying as forced heirs by8
representation. A forced heir by representation may not receive a share of the9
division exceeding that of an intestate successor of the person being represented.10
Revision Comments - 201411
This Article clarifies an area of the law that previously had no clear answer:12
how to calculate the legitime of a grandchild who is a forced heir. The Article now13
provides the solution that the ascendant of a grandchild who is a forced heir should14
be treated as a single forced heir, and his share, as such, should be divided by his15
descendants who qualify as forced heirs by representation. For example, if the16
predeceased parent of a forced heir would not have attained age twenty-four at the17
time of the decedent's death, then all of his children would qualify together as one18
forced heir by representation, dividing the parent's root. On the other hand, if the19
predeceased parent would have attained the age of twenty-four at that time, then only20
those children of the predeceased parent who qualify as forced heirs by virtue of their21
permanent incapability would divide the root of the predeceased parent. As provided22
in the last sentence of the Article, this division of the root is limited - a forced heir23
by representation may not receive a share of the division that exceeds the share of24
an intestate successor of the person being represented.25
* * *26
Art. 1522. Separate donations of usufruct and naked ownership27
The same shall be observed as to the disposition inter vivos or mortis causa,28
by which the usufruct is given to one, and the naked ownership to another. A29
disposition inter vivos or mortis causa by which the usufruct is given to one person30
and the naked ownership to another is not a prohibited substitution.31
Section 2. Code of Civil Procedure Article 3396.9 is hereby amended and32
reenacted to read as follows:33
Art. 3396.9. Unemancipated Interdict or unemancipated minor34
A. If a successor whose concurrence is required for independent35
administration is an unemancipated minor, the concurrence may be made on his36 HLS 14RS-2298 ENGROSSED
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behalf by the administrator of his estate or his natural tutor, as appropriate, without1
the need for a formal tutorship proceeding and or concurrence of an undertutor.2
B. If a successor whose concurrence is required is an interdict, the3
concurrence may be made on his behalf by the curator without need for court4
authorization in the interdiction proceeding or concurrence of the undercurator.5
Section 3. Civil Code Article 1493(E) is hereby repealed in its entirety.6
Section 4. This Act shall be effective January 1, 2015, and shall apply to all7
actions pending on that date or filed thereafter.8
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. 1114
Abstract: Amends provisions in the Civil Code and the Code of Civil Procedure relating
to forced heirship and its representation, the amount of the forced portion and
disposable portion, separate donations of usufruct and naked ownership, and
interdicts or emancipated minors whose concurrence is required in the administration
of a succession.
Present law (C.C. Art. 1495) provides that donations inter vivos or mortis causa cannot
exceed three-fourths of the property of the donor if he leaves one forced heir at the time of
his death or one-half if there are two or more forced heirs at the time of the decedent's death.
If the fraction that would be used to calculate the legitime is greater than the fraction of the
decedent's estate that the forced heir would succeed by intestacy, the legitime is calculated
using the smaller fraction.
Proposed law clarifies present law by providing that when there is representation by reason
of forced heirship, the division is made by roots among those qualifying as forced heirs or
being represented. Within each root, the division is made by heads among those qualifying
as forced heirs by representation. Provides that a forced heir by representation may not
receive a share of the division exceeding that of an intestate successor of the person being
represented.
Present law (C.C. Art. 1522) provides that a disposition inter vivos or mortis causa wherein
the usufruct is given to one person and the naked ownership to another is permissible under
the law.
Proposed law retains present law but clarifies the language.
Present law (C.C.P. Art. 3396.9) provides that if a successor is an unemancipated minor, his
concurrence may be made on his behalf by the administrator of his estate or his natural tutor,
as appropriate, without the need for a formal tutorship proceeding and concurrence of an
undertutor.
Proposed law expands application of present law to interdicts. HLS 14RS-2298 ENGROSSED
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Present law (C.C. Art. 1493(E)), for purposes of forced heirship, provides that the phrase
"permanently incapable of taking care of their persons or administering their estates at the
time of the death of the decedent" includes descendants who have an incurable disease or
condition at the time of the decedent's death that may render the descendant incapable of
caring for his person or administering his estate in the future.
Proposed law repeals present law.
Effective January 1, 2015.
(Amends C.C. Arts. 1495 and 1522 and C.C.P. Art. 3396.9; Repeals C.C. Art. 1493(E))