Legal Memorandum: Standing to Demand Collation in LA

Issue: Under Louisiana law, when does a party have standing to request collation of an estate?

Area of Law: Estate Planning & Probate
Keywords: Collation of an estate; Forced heir of the first degree
Jurisdiction: Louisiana
Cited Cases: None
Cited Statutes: LSA-C.C. art 1227, art. 1235
Date: 04/01/2013

Collation is a procedure requiring the return to the estate of any inter vivos donations made by the decedent so that such property may be divided with the rest of the succession assets.  LSA-C.C. art 1227.  Only a “forced heir” of the first degree may demand collation.  “The right to demand collation is confined to descendants of the first degree who qualify as forced heirs . . ..  Any provision of the Civil Code to the contrary is . . . repealed.”  Id. art. 1235.  See also id. art 1504 (“An action to reduce excessive donations may be brought only after the death of the donor, and then only by a forced heir, the heirs or legatees of a forced heir, or any assignee of any of them . . ..”).


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