SLS 14RS-810 ORIGINAL
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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. 376
BY SENATOR PEACOCK
FAMILY LAW. Provides relative to certain testamentary revocations. (8/1/14)
AN ACT1
To amend and reenact Civil Code Art. 1608, relative to revocation of legacies or other2
testamentary provisions; to provide relative to divorced testators; to provide relative3
to revocations of certain testamentary designations or appointments; to provide4
relative to application; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Civil Code Art. 1608 is hereby amended and reenacted to read as follows:7
Art. 1608. Revocation of a legacy or other testamentary provision8
Revocation of a legacy or other testamentary provision occurs when the9
testator:10
(1) So declares in one of the forms prescribed for testaments.11
(2) Makes a subsequent incompatible testamentary disposition or provision.12
(3) Makes a subsequent inter vivos disposition of the thing that is the object13
of the legacy and does not reacquire it.14
(4) Clearly revokes the provision or legacy by a signed writing on the15
testament itself.16
(5) Is divorced from the legatee after the testament is executed and at the17 SB NO. 376
SLS 14RS-810 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
time of his death, unless the testator provides to the contrary. Testamentary1
designations or appointments of a spouse are revoked under the same circumstances.2
The provisions of this Paragraph shall apply to testaments regardless of their3
date of execution.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Peacock (SB 376)
Present law provides that revocation of a legacy or other testamentary provision occurs
under certain circumstances.
Present law provides that one such circumstance when a legacy or other testamentary
provision is revoked is when the testator is divorced from the legatee after the testament is
executed and at the time of his death, unless the testator provides to the contrary.
Present law further provides that testamentary designations or appointments of a spouse are
revoked under the same circumstances.
Proposed law provides that the provisions of present law shall apply to testaments regardless
of their date of execution.
Effective August 1, 2014.
(Amends C.C. Art. 1608)