§ 9:1725 — Definitions

§1725. Definitions
Except when the context clearly indicates otherwise, as used in this Code:
(1) "Affiliate" means a person directly or indirectly controlling or controlled by
another person, or a person under direct or indirect common control with another person.
It includes a person with whom a trustee has an express or implied agreement regarding the
purchase of trust investment by each from the other directly or indirectly, except a broker or
stock exchange.
(2) "Income beneficiary" means a beneficiary to whom income is payable, presently,
conditionally, or in the future, or for whom it is accumulated, or who is entitled to the
beneficial use of principal presently, conditionally, or in the future, for a time before its
distribution.
(3) "Person" means an individual, a corporation, a partnership, a limited liability
company, an association, a joint stock company, a business trust, or two or more persons
having a joint or common interest.
(4) "Principal beneficiary" means a beneficiary presently, conditionally, or ultimately
entitled to principal.
(5) "Proper court" means the court as determined by the provisions of R.S. 9:2235.
(6) "Relative" means a spouse, ascendant, descendant, brother, or sister.
(7) "Spendthrift trust," when used without other qualifying words, means a trust
under which alienation by a beneficiary of an interest in income or principal is restricted to
the full extent permitted by this Code.
(8) "Trust instrument" means the written document creating the trust and all
amendments and modifications thereof.

Legislative History

Amended by Acts 1972, No. 656, §1; Acts 2010, No. 390, §1; Acts 2016, No. 544, §1.