Quiz 8 Flashcards
- Which of the following is a permissible donee of a donation?
i. A limited liability company (LLC)
ii. A full interdict
iii. A horse
a. (i) and (ii)
- Planiol is 16 years old, has not been emancipated from his parents, and is unmarried. Which of the following transactions does Planiol have the capacity to engage in under Louisiana law?
i. Execute a last will and testament in favor of his son.
ii. Execute a last will and testament in favor of his brother.
iii. Make a donation inter vivos to his son.
iv. Make a donation inter vivos to his brother.
c. (i), (ii), and (iii)
- D executed a will on Day 1. D died on Day 100. D’s children want to challenge his capacity to execute the will. On what day must D’s children prove that D lacked the required testamentary capacity?
a. Day 1
- Some Louisiana courts apply a four-prong test imported from the common law in determining whether a donation should be declared null due to undue influence. Which one of the following is NOT one of those prongs?
b. Mutuality of Fault
- Louisiana’s law of undue influence is derived from _____ law.
common
- T executed a last will and testament on January 1 giving his immovable property to his girlfriend. On January 5, T’s family filed a petition to have him declared a limited interdict. On February 1, the court issued judgment declaring T to be a limited interdict with respect to all of his immovable property. T died on March 1. T’s intestate heirs want to challenge the validity of T’s testament on the grounds that T lacked capacity to execute the testament. Which of the following best describes the applicable burden of proof?
a. T is presumed to have capacity. The heirs must rebut that presumption by clear and convincing evidence.
Q’s family filed a petition to have him declared a full interdict on June 1. On June 2, Q executed a last will and testament leaving all of her property to Z, her friend. On July 1, the court issued a judgment declaring Q to be a full interdict. Q died on August 1. Q’s family wants to challenge the validity of Q’s testament on the grounds that Q lacked capacity to execute the testament. Which of the following best describes the applicable burden of proof?
Q is presumed to lack capacity. The presumption cannot be rebutted.
D executed a last will and testament leaving the bulk of his estate to his much younger wife (W). W cared for D during his last illness and managed D’s financial affairs pursuant to a general power of attorney/mandate. D’s son (S) from a previous relationship believes that the will was procured through W’s undue influence. Which of the following statements is/are correct?
i. W and D were in a confidential relationship.
ii. W and D were not in a confidential relationship.
iii. S must prove undue influence by a preponderance of the evidence.
iv. S must prove undue influence by clear and convincing evidence.
(i) and (iv)
D executed a last will and testament leaving the bulk of his estate to his much younger girlfriend (G). D and G never married. G cared for D during his last illness and managed D’s financial affairs pursuant to a general power of attorney/mandate. D’s son (S) from a previous relationship believes that the will was procured through G’s undue influence. Which of the following statements is/are correct?
i. G and D were in a confidential relationship.
ii. G and D were not in a confidential relationship.
iii. S must prove undue influence by a preponderance of the evidence.
iv. S must prove undue influence by clear and convincing evidence.
(i) and (iii)
D executed a will leaving all of her property to her daughter. She left no property to her sons. D’s son’s want to challenge her will on the basis of undue influence. Their action is subject to a liberative prescription of ____ years.
5
