Terms Used In Louisiana Civil Code 1499

  • Decedent: A deceased person.

The decedent may grant a usufruct to the surviving spouse over all or part of his property, including the forced portion, and may grant the usufructuary the power to dispose of nonconsumables as provided in the law of usufruct.  The usufruct shall be for life unless expressly designated for a shorter period, and shall not require security except as expressly declared by the decedent or as permitted when the legitime is affected.

A usufruct over the legitime in favor of the surviving spouse is a permissible burden that does not impinge upon the legitime, whether it affects community property or separate property, whether it is for life or a shorter period, whether or not the forced heir is a descendant of the surviving spouse, and whether or not the usufructuary has the power to dispose of nonconsumables.

Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2003, No. 548, §1.

NOTE:  Section 2 of Acts 2003, No. 548, provides that the provisions of the Act are interpretive, procedural, and remedial and apply to testaments executed on or after June 18, 1996.