2006 Louisiana Laws - RS 9:2092 — Recordation of instruments

§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 parties, a trustee shall file the trust instrument, or an extract thereof, for record in each 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)  A brief description of the immovable property or other property subject to the trust, the title to which must be recorded in order to affect third persons.

(2)  The provisions of this Section authorizing the filing of an extract of the trust instrument are remedial and shall be applied retroactively to any trust extract theretofore filed for record which is in substantial compliance with the provisions of this Subsection, and such extract shall affect third persons as of the date of recordation.  If the extract of an inter vivos trust instrument 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 parties, 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.

Acts 1995, No. 257, §1; Acts 2003, No. 731, §1; Acts 2004, No. 491, §1.

NOTE:  SEE ACTS 1987, NO. 164, §3.