4.4.4 The Disposable Portion in the Absence of Forced Heirs

4.4.4 The Disposable Portion in the Absence of Forced Heirs aetrahan Thu, 06/22/2023 - 10:57

If there is no forced heir, donations inter vivos and mortis causa may be made of any of the donor’s property.1 However, a donation inter vivos cannot divest the donor of all property—enough must be reserved for subsistence.2 This limitation on donors’ rights reflects the public policy of not allowing donors to impoverish themselves so as to become wards of the state. For obvious reasons, such restrictions do not apply to “mortis causa” donations.

  • 1La. C.C. art. 1497.
  • 2La. C.C. art. 1498.