LA Notary Donations Inter Vivos and Mortis Causa 2

Question 1

Under Louisiana law, what is required for a valid inter vivos donation of an immovable?

Accepted Answer

An act passed before a notary and two witnesses, with the donor declaring the donation

Answer

Only a verbal agreement between the parties

Answer

A simple written agreement signed by the donor

Answer

Filing a petition with the court

Question 2

What is a donation mortis causa in Louisiana law?

Accepted Answer

A donation that takes effect at the death of the donor, governed by the law of testaments

Answer

A donation that takes effect immediately upon signing

Answer

A gift made between spouses during marriage

Answer

A charitable contribution made to a nonprofit

Question 3

Can a donation inter vivos in Louisiana be revoked after acceptance by the donee?

Accepted Answer

Only for ingratitude of the donee, failure to fulfill conditions, or legal revocation upon birth of children

Answer

Yes, at any time for any reason

Answer

No, never under any circumstances

Answer

Only by mutual consent of both parties

Question 4

What is the effect of a donation that exceeds the disposable portion and infringes on the forced portion under Louisiana law?

Accepted Answer

The donation is reduced to the extent necessary to satisfy the forced heirs' legitime

Answer

The entire donation is void

Answer

The donee must return all donated property

Answer

The donation converts to a loan

Question 5

Under Louisiana law, may spouses make donations to each other during marriage?

Accepted Answer

Yes, but only by authentic act and subject to special rules

Answer

No, interspousal donations are always prohibited

Answer

Yes, with no restrictions at all

Answer

Only through a prenuptial agreement

Question 6

What is a disguised donation under Louisiana civil law?

Accepted Answer

A gratuitous transfer made in the form of an onerous contract to conceal the true nature of the transaction

Answer

A donation made anonymously

Answer

A donation to a trust

Answer

A gift made through an intermediary for tax purposes