Donations Inter Vivos and Mortis Causa Flashcards

Under Louisiana law, what is the collation requirement for donations?

Answer: The obligation of an heir to return or account for donations received from the decedent to ensure equal sharing among heirs

Collation requires heirs to account for lifetime donations received from the decedent to equalize shares in the succession.

What form requirements apply to a donation inter vivos of movable property in Louisiana?

Answer: An act under private signature is sufficient, or manual delivery may constitute a valid donation

Donations of movables may be made by act under private signature or by manual gift (delivery).

Can a donation in Louisiana include a condition or charge (mode) imposed on the donee?

Answer: Yes, a donor may impose conditions or charges that the donee must fulfill

Louisiana law permits donors to impose lawful conditions or charges on donations.

What is the prescriptive period for an action to revoke a donation on grounds of ingratitude in Louisiana?

Answer: One year from the day the donor knew or should have known of the act of ingratitude

The action for revocation based on ingratitude must be brought within one year from knowledge of the act.

Under Louisiana law, what happens to a donation inter vivos if the donor had no children at the time but later has a child?

Answer: The donation may be revoked at the donor's request if the donor had no children at the time and later has a child

Louisiana law historically allowed revocation of donations upon the subsequent birth of children.

In a Louisiana succession, how are donations inter vivos treated for purposes of calculating the forced portion?

Answer: They are added back fictitiously to the estate to calculate the mass of the succession

Inter vivos donations are fictitiously reunited with the estate to calculate the total mass and determine if forced heirs' rights were impaired.