§ 9:2092 — Recordation of instruments

Louisiana § 9:2092

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§2092. Recordation of instruments
A. If at any time the trust property of either an inter vivos trust or a testamentary trust
includes immovables or other property the title to which must be recorded in order to affect
third persons, a trustee shall file the trust instrument, an extract of trust, or a copy of the trust
instrument or extract of trust certified by the clerk of court for the parish in which the
original trust instrument or extract of trust was filed, for record in each parish in which the
property is located. Nevertheless, if the trust instrument contains a transfer of immovable
property or other property the title to which must be recorded in order to affect third persons,
a trustee shall file the trust instrument for record in the parish in which the property is
located.
B.(1) For purposes of recording an extract of a trust instrument, such an extract shall
be executed by either the settlor or the trustee and shall include all of the following:
(a) The name of the trust, if any.
(b) A statement as to whether the trust is revocable or irrevocable.
(c) The name of each settlor.
(d) The name of each trustee and name or other description of the beneficiary or
beneficiaries.
(e) The date of execution of the trust.
(f) Any limitation or restriction on the power of the trustee to alienate, lease, or
encumber immovable property contained in the trust instrument.
(2) When an extract of trust is recorded pursuant to Subsection A of this Section, any
limitation or restriction in the trust instrument on the power of the trustee to alienate, lease,
or encumber immovable property shall not be effective against third persons unless it is
recited in the extract of trust.
(3) The provisions of this Section authorizing the filing of an extract of the trust
instrument or a clerk-certified copy of the trust instrument or extract of trust without a
description of the property are remedial and shall be applied retroactively to any trust extract
or clerk-certified copy of either the trust instrument or extract of trust theretofore filed for
record which is in substantial compliance with the provisions of this Subsection, and such
extract or clerk-certified copy shall affect third persons as of the date of recordation. If the
extract of an inter vivos trust instrument or clerk-certified copy thereof is recorded, the
failure of the trust instrument to be in the form required by R.S. 9:1752 shall not be effective
against third persons, who shall be immune from claims based on the failure of the trust
instrument to be in the form required by R.S. 9:1752.
NOTE: See Acts 1987, No. 164, §3.

Legislative History

Acts 1995, No. 257, §1; Acts 2003, No. 731, §1; Acts 2004, No. 491, §1; Acts 2012, No. 740, §1; Acts 2015, No. 225, §1; Acts 2016, No. 544, §1.