SLS 16RS-556 ORIGINAL
2016 Regular Session
SENATE BILL NO. 265
BY SENATOR PEACOCK
WILLS/TESTAMENTS. Provides for an enforceable mediation or arbitration provision in
a testament. (8/1/16)
1 AN ACT
2 To enact R.S. 9:2451, relative to testaments; to provide relative to mediation or arbitration
3 provisions in a testament instrument; to provide certain terms, procedures,
4 conditions, requirements and effects; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:2451 is hereby enacted to read as follows:
7 ยง2451. Mediation or arbitration provision enforceable
8 A. Except as provided in Subsection B, a provision in a testament
9 requiring the mediation or arbitration of disputes between or among the
10 legatees of a testament, a succession representative, or any combination of such
11 persons, shall be enforceable.
12 B. A provision in a testament requiring the mediation or arbitration of
13 disputes relating to the validity of a testament shall not be enforceable, unless
14 all interested persons with regard to the dispute consent in writing to the
15 mediation or arbitration of the dispute. If the validity of such a testament is
16 upheld, all disputed issues shall be resolved in accordance with the mediation
17 or arbitration provision contained in such testament.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 265
SLS 16RS-556 ORIGINAL
1 C. Unless otherwise specified in the testament, a provision requiring
2 arbitration shall mean arbitration under the Louisiana Arbitration Law, and
3 the testament shall be treated as a contract for purposes of applying the
4 Louisiana Arbitration Law.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ben Huxen.
DIGEST
SB 265 Original 2016 Regular Session Peacock
Proposed law generally provides that a provision in a testament requiring the mediation or
arbitration of disputes between or among the legatees of a testament, a succession
representative, or any combination of such persons, is enforceable.
Proposed law further provides an exception to the general rule by requiring that all interested
persons with regard to a dispute relating to the validity of the testament consent in writing
to the mediation or arbitration. Proposed law further provides that if the validity of such a
testament is upheld, all disputed issues shall be resolved in accordance with the mediation
or arbitration provision contained in the testament.
Proposed law provides that the Louisiana Arbitration Law applies to such disputes unless
otherwise specified.
Effective August 1, 2016.
(Adds R.S. 9:2451)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.