4.1.2 Making Donations

A person of the age of majority can give via donation inter vivos and mortis causa.1  A minor under the age of sixteen years does not have capacity to donate either inter vivos or mortis causa, except in favor of a spouse or children.2  A minor who has attained the age of sixteen has capacity to make a donation mortis causa in favor of any person and a donation inter vivos in favor of a spouse or children.3

To have capacity to donate inter vivos or mortis causa, a person must also be able to comprehend generally the nature and consequences of the disposition being made.4  Capacity to donate mortis causa must exist at the time the testator executes the testament.5  A person who challenges a testator’s capacity must prove by clear and convincing evidence that the testator lacked capacity when the will was executed.6  Special rules apply to full and limited interdicts.7

• 1La. C.C. art. 1470.
• 2La. C.C. art. 1476.
• 3Id.
• 4La. C.C. art. 1477.
• 5La. C.C. art. 1471.
• 6La. C.C. art. 1482(A).
• 7La. C.C. art. 1482(B)–(C).