Article 1238

Grandchildren; collation of donations made by grandparent after death of parent ACTIVE

A. To make descendants liable to collation, as prescribed in the preceding Articles, they must appear in the quality of heirs to the succession of the ascendants from whom they immediately have received the gift or legacy.

B. Therefore, grandchildren, to whom a gift was made or a legacy left by their grandfather or grandmother, after the death of their father or mother, are obliged to collate, when they are called to the inheritance of the grandfather or grandmother, jointly with the other grandchildren, or by representation with their uncles or aunts, brothers or sisters of their father or mother, because it is presumed that their grandfather or grandmother had intended to make the gift, or leave the legacy by anticipation.

Actions

References

None.

Cited by

None.

History

  • enactment Acts 1990, No. 147, §1, eff. July 1, 1990
  • amendment Acts 1995, No. 1180, §1, eff. Jan. 1, 1996

Article navigation

Cite Article 1238

Bluebook
La. Civ. Code art. 1238 (2026).
Permalink
https://theusufruct.com/cc/1238
BibTeX
@misc{lacivcode-art-1238,
  title        = {La. Civ. Code art. 1238},
  howpublished = {Louisiana Civil Code},
  year         = {2026},
  url          = {https://theusufruct.com/cc/1238},
  note         = {Snapshot 2026-05-22}
}