LA Notary - Louisiana Notary Exam Donations Inter Vivos and Mortis Causa 1

Question 1

Under Louisiana law, which of the following persons has the legal capacity to make a donation inter vivos?

Accepted Answer

An emancipated minor

Answer

A person who has been placed under full interdiction

Answer

A non-emancipated minor aged 17

Answer

A person declared incapable of managing their affairs by a physician

Question 2

Under Louisiana law, what is a 'manual gift' and how does it differ from the general rule for donations inter vivos?

Accepted Answer

A donation of a corporeal movable made by actual delivery, without the need for a notarial act

Answer

A donation of an immovable made by handing over the deed without witnesses

Answer

A donation made orally in front of two witnesses

Answer

A donation of cash documented only by a handwritten receipt

Question 3

For a donation inter vivos to be valid and effective under Louisiana law, when must the donee's acceptance occur?

Accepted Answer

During the lifetime of both the donor and the donee

Answer

Within one year of the date the donation is executed

Answer

At any time, even after the donor's death

Answer

Upon recordation of the act in the conveyance records

Question 4

Under Louisiana law, on which of the following grounds may a donor successfully seek revocation of a donation inter vivos for ingratitude?

Accepted Answer

The donee attempted to take the life of the donor

Answer

The donee sold the donated property to a third party for profit

Answer

The donee failed to mention the donor's generosity publicly

Answer

The donee committed a serious crime against a stranger

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?

Accepted Answer

It is treated as a synallagmatic (bilateral) contract rather than a true donation

Answer

It is still classified as a donation but is subject to forced heirship reduction

Answer

It is void for lack of donative intent

Answer

It must be re-executed as a sale to be enforceable

Question 6

Under Louisiana law, at what point does a donation mortis causa become effective and no longer revocable by the donor?

Accepted Answer

Only upon the death of the donor

Answer

When the testament is signed and notarized

Answer

When the legatee learns of and accepts the bequest during the donor's lifetime

Answer

When the testament is filed with the court for safekeeping