Louisiana Civil Code

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CHAPTER 7 - OF PARTITIONS MADE BY PARENTS AND OTHER ASCENDANTS AMONG THEIR DESCENDANTS

Art. 1724. Fathers and mothers and other ascendants may make a distribution and partition of their property among their children and descendants, either by designating the quantum of the parts and partitions [portions] which they assign to each of them, or in designating the property that shall compose their respective lots. [Acts 2004, No. 26, §1]

Art. 1725. These partitions may be made by act inter vivos or by testament. If a testator has designated the quantum or value of his estate which he bequeaths to a legatee either by formula or by specific sum, he may expressly delegate to his executor the authority to select assets to satisfy the quantum or value. [Amended by Acts 1982, No. 448, §1]

Art. 1726. Those made by an act inter vivos can have only present property for their object, and are subject to all the formalities and conditions of donations inter vivos.

Art. 1727. Those made by testament must be made in the forms prescribed for acts of that kind, and are subject to the same rules.

Art. 1728. If the partition, whether inter vivos or by testament, has not comprised all the property that the ascendant leaves on the day of his decease, the property not comprised in the partition is divided according to law.

Art. 1729. If the partition, whether inter vivos or by testament, be not made amongst all the children living at the time of the decease and the descendants of those predeceased, the partition shall be null and void for the whole; the child or descendant who had no part in it, may require a new partition in legal form. [Amended by Acts 1871, No. 87]

Art. 1730. Partitions, made by ascendants, may be avoided, when the advantage secured to one of the coheirs exceeds the disposable portion.

Art. 1731. The child who objects to the partition made by the ascendant, must advance the expenses of having the property estimated, and must ultimately support them and the costs of suit, if his claim be not founded.

Art. 1732. The defendant in the action of rescission may arrest it by offering to the plaintiff the supplement of the portion to which he has a right.

Art. 1733. The rescission of the partition does not carry with it the nullity of a donation made as an advantage.

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