LA Notary - Louisiana Notary Exam Donations Inter Vivos and Mortis Causa 1 — Questions and Answers
Question 1: Under Louisiana law, which of the following persons has the legal capacity to make a donation inter vivos?
- A person who has been placed under full interdiction
- An emancipated minor (Correct answer)
- A non-emancipated minor aged 17
- A person declared incapable of managing their affairs by a physician
Correct answer: An emancipated minor
An emancipated minor acquires full civil capacity under Louisiana law and may make donations inter vivos. Persons under full interdiction lack the legal capacity to make donations, as capacity requires sound mind and the absence of interdiction under La. C.C. Art. 1470.
Question 2: Under Louisiana law, what is a 'manual gift' and how does it differ from the general rule for donations inter vivos?
- A donation of an immovable made by handing over the deed without witnesses
- A donation of a corporeal movable made by actual delivery, without the need for a notarial act (Correct answer)
- A donation made orally in front of two witnesses
- A donation of cash documented only by a handwritten receipt
Correct answer: A donation of a corporeal movable made by actual delivery, without the need for a notarial act
La. C.C. Art. 1539 provides an exception to the notarial act requirement: a corporeal movable may be donated by a manual gift, accomplished through actual physical delivery of the thing to the donee, with no formal act required.
Question 3: For a donation inter vivos to be valid and effective under Louisiana law, when must the donee's acceptance occur?
- Within one year of the date the donation is executed
- At any time, even after the donor's death
- During the lifetime of both the donor and the donee (Correct answer)
- Upon recordation of the act in the conveyance records
Correct answer: During the lifetime of both the donor and the donee
Under La. C.C. Art. 1544, a donation inter vivos has no effect unless accepted by the donee, and the acceptance must take place during the lifetime of both the donor and the donee. A post-death acceptance renders the transaction void as a donation inter vivos.
Question 4: Under Louisiana law, on which of the following grounds may a donor successfully seek revocation of a donation inter vivos for ingratitude?
- The donee sold the donated property to a third party for profit
- The donee failed to mention the donor's generosity publicly
- The donee committed a serious crime against a stranger
- The donee attempted to take the life of the donor (Correct answer)
Correct answer: The donee attempted to take the life of the donor
La. C.C. Art. 1560 permits revocation of a donation inter vivos for ingratitude when the donee has attempted to take the donor's life, committed cruel treatment or grievous injuries against the donor, or has refused to provide the donor with food when the donor was in necessity. Alienation of the gift or failure to express gratitude are not recognized grounds.
Question 5: Under Louisiana law, what is the legal character of an 'onerous donation' when the charges or conditions imposed on the donee equal or exceed the value of the thing given?
- It is still classified as a donation but is subject to forced heirship reduction
- It is treated as a synallagmatic (bilateral) contract rather than a true donation (Correct answer)
- It is void for lack of donative intent
- It must be re-executed as a sale to be enforceable
Correct answer: It is treated as a synallagmatic (bilateral) contract rather than a true donation
When the burdens placed on the donee equal or exceed the value of the donated thing, there is no net gratuitous transfer. Louisiana law treats the transaction as a synallagmatic contract governed by the rules of onerous contracts, stripping it of its character as a donation entirely.
Question 6: Under Louisiana law, at what point does a donation mortis causa become effective and no longer revocable by the donor?
- When the testament is signed and notarized
- When the legatee learns of and accepts the bequest during the donor's lifetime
- Only upon the death of the donor (Correct answer)
- When the testament is filed with the court for safekeeping
Correct answer: Only upon the death of the donor
A donation mortis causa is by definition contingent on and takes effect only at the moment of the donor's death. Until death, the donor retains full power to revoke or modify the testament. Acceptance by a legatee during the donor's lifetime has no legal effect on revocability.
LA Notary - Louisiana Notary Exam Donations Inter Vivos and Mortis Causa 1
Under Louisiana law, which of the following persons has the legal capacity to make a donation inter vivos?