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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 269
BY SENATOR PEACOCK
DONATIONS. Provides relative to the annual limit on authorized donations that a curator
may make on behalf of an interdict. (8/1/14)
AN ACT1
To amend and reenact the introductory paragraph of R.S. 9:1022 and 1024(A), relative to2
donations; to provide relative to donations by a curator on behalf of an interdict; to3
provide relative to the maximum value of certain donations; to provide for certain4
terms, conditions and procedures; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. The introductory paragraph of R.S. 9:1022 and 1024(A) are hereby7
amended and reenacted to read as follows:8
§1022. Authorization of curators to continue making donations to descendants9
The court may authorize a curator, in the name and on behalf of the interdict,10
to make donations inter vivos from the surplus funds or other surplus property of the11
interdict, of a value of not more than ten thousand dollars annually value annually12
of not more than the greater of fourteen thousand dollars or the maximum13
amount that may be excluded from federal gift taxation pursuant to United14
States Code Title 26, Section 2503(b), to each of the direct descendants of the15
interdict, when:16
* * *17 SB NO. 269
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§1024. Donations by curator to collaterals; court authorization1
A. The court may authorize a curator, in the name and on behalf of an2
interdict who has no direct descendants and no spouse, to make donations inter vivos3
of money from surplus funds of the interdict to each of the brothers and sisters of the4
interdict and to each of the direct descendants of the brothers and sisters of the5
interdict, or to trusts in which they are the only principal and income beneficiaries,6
provided that there is no known testamentary disposition to the contrary. Annual7
donations shall not exceed ten thousand dollars per donee Annual donations per8
donee shall not exceed fourteen thousand dollars or the maximum amount that9
may be excluded from federal gift taxation pursuant to 26 U.S.C. 2503(b),10
whichever is greater. The total amount donated annually to each of the brothers and11
sisters of the interdict and to each of the direct descendants of the brothers and sisters12
of the interdict, or to trusts therefor, shall be equal by roots from the parents of the13
interdict.14
* * *15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Peacock (SB 269)
Present law provides that a court under certain conditions may authorize a curator, in the
name and on behalf of the interdict, to make donations inter vivos from the surplus funds or
other surplus property of the interdict, in a value of not more than $10,000 annually to each
of certain direct descendants of the interdict.
Proposed law provides that the maximum annual donation value shall be the greater of
$14,000 or the maximum amount that may be excluded from federal gift taxation pursuant
to 26 U.S.C. 2503(b).
Present law provides that a court under certain conditions may authorize a curator in the
name and on behalf of an interdict who has no direct descendants and no spouse, to make
donations inter vivos of money from surplus funds of the interdict to each of the brothers and
sisters of the interdict and to each of the direct descendants of the brothers and sisters of the
interdict, or to trusts in which they are the only principal and income beneficiaries, provided
that there is no known testamentary disposition to the contrary.
Proposed law retains present law.
Present law further provides that annual donations per donee shall not exceed $10,000.
Proposed law provides that annual donations per donee shall not exceed the greater of SB NO. 269
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words in boldface type and underscored are additions.
$14,000 or the maximum amount that may be excluded from federal gift taxation pursuant
to 26 U.S.C. 2503(b).
Effective August 1, 2014.
(Amends R.S. 9:1022 (intro para) and 1024(A))