HLS 14RS-1148 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 573
BY REPRESENTATIVE THOMPSON
SUCCESSION/FORCED HEIRS: Provides relative to forced heirs
AN ACT1
To amend and reenact Civil Code Article 1493(E), relative to forced heirs; to provide for2
definitions; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. Civil Code Article 1493(E) is hereby amended and reenacted to read as5
follows: 6
Art. 1493. Forced heirs; representation of forced heirs7
* * *8
E. For purposes of this Article "permanently incapable of taking care of their9
persons or administering their estates at the time of the death of the decedent" shall10
include descendants who, at the time of death of the decedent, have, according to11
medical documentation, an inherited, incurable disease or condition that may render12
will, more probably than not, render them incapable of caring for their persons or13
administering their estates in the future.14 HLS 14RS-1148 ENGROSSED
HB NO. 573
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Thompson HB No. 573
Abstract: Changes the criteria of "permanently incapable of taking care of their persons"
for the purposes of forced heirship from having a condition that may render the
descendent incapable to having a condition that will, more probably than not, render
him incapable.
Present law provides that forced heirs included descendants of the first degree who are 23
years of age or younger at the time of the decedent's death and descendants of the first
degree of any age who are permanently incapable of taking care of their persons because of
a mental incapacity or physical infirmity. Present law further defines a descendant who is
"permanently incapable of taking care of their persons or administering their estates at the
time of the death of the decedent" as one who has an inherited, incurable disease or condition
that may render them incapable of caring for their person or administering their estate in the
future.
Proposed law retains present law but changes the criteria of permanently incapable from a
condition that may render the descendent incapable to one that will, more probably than not,
render him incapable.
(Amends C.C. Art. 1493(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Changed criteria of being permanently incapable from having a condition that
has permanently rendered them incapable of caring for themselves to a condition
that will, more probably than not, render them incapable.