LA Notary - Louisiana Notary Exam Successions, Wills, and Trusts 1 — Questions and Answers
Question 1: Under Louisiana law, what is the 'legitime' as it relates to forced heirs?
- The portion of the estate that a testator may freely dispose of to any legatee
- The minimum portion of the estate that must be left to forced heirs and cannot be taken away by testament (Correct answer)
- The total value of the decedent's separate property at the time of death
- The share of the estate reserved exclusively for the surviving spouse
Correct answer: The minimum portion of the estate that must be left to forced heirs and cannot be taken away by testament
The legitime is the portion of a deceased's estate that forced heirs are entitled to by law and that a testator cannot deprive them of through a testament. It represents a restriction on testamentary freedom to protect certain descendants.
Question 2: Which of the following is a requirement for a valid olographic testament in Louisiana?
- It must be signed before two witnesses and a notary public
- It must be entirely written, dated, and signed by the testator's own hand (Correct answer)
- It must be typed and notarized, then deposited with the clerk of court
- It must be witnessed by at least one disinterested party who can attest to the testator's signature
Correct answer: It must be entirely written, dated, and signed by the testator's own hand
A valid olographic testament in Louisiana must be entirely handwritten, dated, and signed by the testator. No witnesses or notarization are required, but the entire document — including the date — must be in the testator's own handwriting.
Question 3: Under Louisiana law, what is a 'universal legacy'?
- A legacy that grants the legatee a specific item of property from the estate
- A legacy that grants the legatee a fraction or percentage of the estate
- A legacy that grants the legatee all or the remainder of the estate (Correct answer)
- A legacy that grants the legatee all immovable property located in Louisiana
Correct answer: A legacy that grants the legatee all or the remainder of the estate
A universal legacy is a testamentary disposition by which the testator gives to one or more persons all or the remainder of his estate after payment of particular legacies. It is the broadest form of legacy under Louisiana law.
Question 4: Under the Louisiana Trust Code, which of the following is required to create a valid inter vivos trust?
- The trust instrument must be executed before a notary and two witnesses (Correct answer)
- The trust must be recorded in the parish mortgage records to be valid against third parties
- The trust must be funded with immovable property only
- The settlor must be a Louisiana domiciliary at the time of trust creation
Correct answer: The trust instrument must be executed before a notary and two witnesses
Under the Louisiana Trust Code, a valid inter vivos trust must be created by a written instrument executed before a notary public and two witnesses. This formal requirement distinguishes Louisiana trust law from common-law states where trusts can often be created informally.
Question 5: Under Louisiana law, at what minimum age does a person have the legal capacity to execute a valid testament?
- 16 years of age
- 18 years of age (Correct answer)
- 21 years of age
- Any age, provided the person is not interdicted
Correct answer: 18 years of age
Under Louisiana law, a person must be at least 18 years of age and of sound mind to have the capacity to make a testament. Persons under 18 or those who have been interdicted (fully) generally lack testamentary capacity.
Question 6: In Louisiana succession law, what is the effect when a legatee predeceases the testator and no substitute legatee has been named?
- The legacy automatically passes to the predeceased legatee's own heirs
- The legacy lapses and falls into the residue of the estate or passes by intestacy if no residual legatee exists (Correct answer)
- The legacy passes to the testator's surviving spouse as a matter of law
- The testament is rendered entirely invalid and the estate passes by intestacy
Correct answer: The legacy lapses and falls into the residue of the estate or passes by intestacy if no residual legatee exists
When a legatee predeceases the testator and no substitute has been named, the legacy lapses. A lapsed legacy falls into the residue of the estate if there is a residual legatee; otherwise it passes according to the rules of intestate succession. Only the failed legacy — not the entire testament — is affected.
LA Notary - Louisiana Notary Exam Successions, Wills, and Trusts 1
Under Louisiana law, what is the 'legitime' as it relates to forced heirs?