Louisiana Civil Code

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TITLE IV - SUCCESSIONS

Art. 3528. A testamentary disposition is valid as to form if it is in writing and is made in conformity with: (1) the law of this state; or (2) the law of the state of making at the time of making; or (3) the law of the state in which the testator was domiciled at the time of making or at the time of death; or (4) with regard to immovables, the law that would be applied by the courts of the state in which the immovables are situated. [Acts 1991, No. 923, §1, eff. Jan. 1, 1992]

Art. 3529. A person is capable of making a testament if, at the time of making the testament, he possessed that capacity under the law of the state in which he was domiciled either at that time or at the time of death.

If the testator was capable of making the testament under the law of both states, his will contained in the testament shall be held free of vices if it would be so held under the law of at least one of those states.

If the testator was capable of making the testament under the law of only one of the states specified in the first paragraph, his will contained in the testament shall be held free of vices only if it would be so held under the law of that state. [Acts 1991, No. 923, §1, eff. Jan. 1, 1992]

Art. 3530. The capacity or unworthiness of an heir or legatee is determined under the law of the state in which the deceased was domiciled at the time of his death.

Nevertheless, with regard to immovables situated in this state, the legatee must qualify as a person under the law of this state. [Acts 1991, No. 923, §1, eff. Jan. 1, 1992]

Art. 3531. The meaning of words and phrases used in a testament is determined according to the law of the state expressly designated by the testator for that purpose, or clearly contemplated by him at the time of making the testament, and, in the absence of such an express or implied selection, according to the law of the state in which the testator was domiciled at the time of making the testament. [Acts 1991, No. 923, §1, eff. Jan. 1, 1992]

Art. 3532. Except as otherwise provided in this Title, testate and intestate succession to movables is governed by the law of the state in which the deceased was domiciled at the time of death. [Acts 1991, No. 923, §1, eff. Jan. 1, 1992]

Art. 3533. Except as otherwise provided in this Title, testate and intestate succession to immovables situated in this state is governed by the law of this state.

The forced heirship law of this state does not apply if the deceased was domiciled outside this state at the time of death and he left no forced heirs domiciled in this state at the time of his death. [Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 1997, No. 257, §1]

Art. 3534. Except as otherwise provided in this Title, testate and intestate succession to immovables situated in another state is governed by the law that would be applied by the courts of that state.

If the deceased died domiciled in this state and left at least one forced heir who at the time was domiciled in this state, the value of those immovables shall be included in calculating the disposable portion and in satisfying the legitime. [Acts 1991, No. 923, §1, eff. Jan. 1, 1992]