Free LA-Notary Donations Inter Vivos and Mortis Causa Questions and Answers — Questions and Answers
Question 1: A donation inter vivos is a contract by which a person gratuitously divests himself, at present and irrevocably, of the thing given in favor of another who accepts it. Which element is essential for its validity?
- The donor must be terminally ill.
- The act must be recorded within 24 hours.
- The donor's present intent to give and irrevocable divestment of the thing. (Correct answer)
- The donee must pay a nominal fee.
Correct answer: The donor's present intent to give and irrevocable divestment of the thing.
A donation inter vivos is a present transfer of ownership that is irrevocable. The donor must intend to divest themselves of the property immediately and permanently, and this distinguishes it from a donation mortis causa, which takes effect at death.
Question 2: A donation inter vivos of immovable property must be made by what type of act to be valid?
- An act under private signature.
- A verbal agreement with delivery of the property.
- An authentic act. (Correct answer)
- A certified letter to the donee.
Correct answer: An authentic act.
Under Louisiana Civil Code Article 1536, a donation inter vivos of immovable property or incorporeal things must be made by an authentic act, under the penalty of absolute nullity. An authentic act is one executed before a notary public in the presence of two witnesses.
Question 3: What is another term for a donation mortis causa?
- A lifetime gift.
- A last will and testament. (Correct answer)
- A manual gift.
- An onerous donation.
Correct answer: A last will and testament.
A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. This act is revocable during the lifetime of the donor and is commonly known as a last will and testament.
Question 4: Under which of the following circumstances may a donation inter vivos be revoked?
- The donor changes their mind.
- The value of the donated property increases significantly.
- The ingratitude of the donee. (Correct answer)
- The donor has another child after making the donation.
Correct answer: The ingratitude of the donee.
While donations inter vivos are generally irrevocable, they can be revoked for specific legal causes, including the ingratitude of the donee. Ingratitude can include the donee attempting to take the life of the donor or being guilty of cruel treatment or grievous injuries towards the donor.
Question 5: A person hands their friend a valuable watch and says, 'I want you to have this as a gift.' The friend takes the watch. What kind of donation has occurred?
- A donation mortis causa.
- A donation by authentic act.
- An invalid donation due to lack of form.
- A manual gift. (Correct answer)
Correct answer: A manual gift.
A manual gift is the giving of corporeal movable effects, accompanied by a real delivery. It is not subject to any formality, meaning no authentic act is required. The donation is perfected once the donor delivers the item and the donee accepts it.
Question 6: A donation that is burdened with charges imposed on the donee is known as what?
- A manual donation.
- An onerous donation. (Correct answer)
- A remunerative donation.
- A gratuitous donation.
Correct answer: An onerous donation.
An onerous donation is one that is burdened with charges imposed on the donee that result in a material advantage to the donor. The rules particular to donations inter vivos do not apply to the value of the charges imposed.
Question 7: A donor makes a lifetime gift that infringes upon the legitime (forced portion) of his forced heirs. What action can the forced heirs take upon the donor's death?
- They can have the entire donation nullified.
- They can sue the donee for damages.
- They can demand a reduction of the excessive donation to the extent it impinges on their legitime. (Correct answer)
- They have no recourse as the donation was made during the donor's lifetime.
Correct answer: They can demand a reduction of the excessive donation to the extent it impinges on their legitime.
Any donation inter vivos that exceeds the portion of which the donor can legally dispose of to the prejudice of his forced heirs is not null, but only reducible to that portion. Upon the donor's death, the forced heirs can bring an action to reduce the excessive donation to restore their legitime.
