2006 Louisiana Laws - RS 9:2262.2 — Recordation of instruments

§2262.2.  Recordation of instruments

A.  If at any time the trust property of a foreign trust includes an immovable or other property in Louisiana 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 of a trust instrument either shall be in such form and contain such information as may be lawful under the law of the jurisdiction which the parties have expressly chosen to govern the trust, or 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)  The name of each settlor.

(c)  The name of the trustee.

(d)  The name or other description of the beneficiary or beneficiaries.

(e)  The date of the trust instrument.

(f)  A statement whether the trust is revocable or irrevocable.

(g)  A description of the immovable property or other property subject to the trust.

(h)  Any other provisions of the trust instrument as the party executing the extract deems useful.

(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 Section, and such extract shall affect third persons as of the date of recordation.

Acts 2001, No. 890, §1.

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