Successions, Wills, and Trusts Flashcards

Under Louisiana law, how does a testator revoke a testament?

Answer: By executing a new testament that expressly revokes the prior one, or by making a subsequent testament with irreconcilable provisions

Revocation requires a new testament or one with inconsistent provisions.

What is a particular legacy versus a universal legacy in Louisiana succession law?

Answer: A universal legacy gives all or a fraction of the estate; a particular legacy gives specific property or a specific sum

Universal legacies convey the whole or a fraction; particular legacies convey specific items or amounts.

Under Louisiana law, what is probate of a testament?

Answer: The judicial process of verifying and establishing the validity of a testament

Probate is the legal proceeding that validates the testament.

What are the grounds for disinherison of a forced heir in Louisiana?

Answer: Only specific grounds in the Civil Code, such as attempting the testator's life, cruel treatment, or conviction of a felony

Louisiana allows disinherison only for just cause specifically listed in the Civil Code.

Under Louisiana law, what is the small succession procedure?

Answer: A simplified procedure for estates meeting certain value thresholds, allowing transfer by affidavit without full administration

The small succession procedure provides a simplified method for modest estates.

What is the role of a trust protector under the Louisiana Trust Code?

Answer: A person designated to oversee the trustee and exercise specified powers such as removing or replacing the trustee

A trust protector is given authority to oversee the trustee and exercise designated powers.