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La. Rev. Stat. § 9:1725 (2026)

Definitions

✓ current as of May 2026
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§1725. Definitions

           Except when the context clearly indicates otherwise, as used in this Code:

           (1) "Affiliate" means a person directly or indirectly controlling or controlled by another person, or a person under direct or indirect common control with another person. It includes a person with whom a trustee has an express or implied agreement regarding the purchase of trust investment by each from the other directly or indirectly, except a broker or stock exchange.

           (2) "Income beneficiary" means a beneficiary to whom income is payable, presently, conditionally, or in the future, or for whom it is accumulated, or who is entitled to the beneficial use of principal presently, conditionally, or in the future, for a time before its distribution.

           (3) "Person" means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a business trust, or two or more persons having a joint or common interest.

           (4) "Principal beneficiary" means a beneficiary presently, conditionally, or ultimately entitled to principal.

           (5) "Proper court" means the court as determined by the provisions of R.S. 9:2235.

           (6) "Relative" means a spouse, ascendant, descendant, brother, or sister.

           (7) "Spendthrift trust," when used without other qualifying words, means a trust under which alienation by a beneficiary of an interest in income or principal is restricted to the full extent permitted by this Code.

           (8) "Trust instrument" means the written document creating the trust and all amendments and modifications thereof.

           Amended by Acts 1972, No. 656, §1; Acts 2010, No. 390, §1, eff. Aug. 15, 2010; Acts 2016, No. 544, §1, eff. August 1, 2016.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1971–2024 · leading case: Spinosa v. Spinosa, 934 So. 2d 35 (La. 2006).
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Spinosa v. Spinosa, 934 So. 2d 35 (La. 2006). · cites it 17× “La.Rev.Stat. § 9:1725 at Subsection (5) defines "proper court" in pertinent part, as follows: Except when the context clearly indicates otherwise, as used in this Code: * * * * * (5) "Proper court" in the case of an inter vivos trust means the district court of the parish…”
Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005). · cites it 4× “R.S. 9:1725(2), also See, La. R.S. 9:1961, et seq.”
Succession of Batton v. Prince, 384 So. 2d 506 (La. Ct. App. 1980). · cites it 2× “Since the Second Judicial District Court for Claiborne Parish has jurisdiction over decedent's succession, it is the "proper court" under LRS 9:1725 [1] and LRS 9:1785 [2] to appoint a successor trustee.”
Scott v. Am. Tobacco Co., 195 So. 3d 624 (La. Ct. App. 2016). “R.S. 9:1725(4) (providing that a principal beneficiary is “a beneficiary presently, conditionally, or ultimately entitled to principal”).”
Bertrand v. Sandoz, 255 So. 2d 754 (La. 1971). · cites it 2× “R.S. 9:1725 [3]. In the case at bar the trust was created by an individual by written instrument.”
Reynolds v. Reynolds, 388 So. 2d 1135 (La. 1980). “" R.S. 9:1725 of the trust code now provides: ".”
Albritton v. Albritton, 591 So. 2d 357 (La. Ct. App. 1991). · cites it 2× “LSA-R.S. 9:1725(7), 9:1731, 9:1771, 9:1781, 9:2001, 9:2002, 9:2007.”
S. v. Bank One of Louisiana, NA, 740 So. 2d 775 (La. Ct. App. 1999). “R.S. 9:1725(5), would be in East Baton Rouge Parish, where the Bank is domiciled, rather than in Ouachita Parish.”
In re Dendinger, 766 So. 2d 554 (La. Ct. App. 1999). “” LSA-R.S. 9:1725(5). Ms. Dendinger claims that the “proper court” in this case is CDC Division “L.”
Succession of Materiste, 273 So. 2d 617 (La. Ct. App. 1973). “That definition is found in LSA-R.S. 9:1725(4) and is set forth as follows: (4) `Principal beneficiary' means a beneficiary presently, conditionally, or ultimately entitled to principal.”
Marston v. Premier Bank, N.A., 665 So. 2d 725 (La. Ct. App. 1995). · cites it 3× “It argued that under LSA-R.S. 9:1725(5) and 9:1789 of the Louisiana Trust RCode, the “proper court” for a dispute involving a testamentary trust would be the court having jurisdiction over the settlor’s succession, i.”
Succession of McLean, 651 So. 2d 920 (La. Ct. App. 1995). “See generally LRS 9:1725(7), 2002, 2007. Merriott's contention, in the trial court and here, is that a trustee must exercise her legal rights with respect to the beneficiary solely in the beneficiary's interest, and not to further her own interest at the beneficiary's expense.”
Show all 20 citing cases →
La. Rev. Stat. § 9:1725(2): 2 cases
Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005). “R.S. 9:1725(2), also See, La. R.S. 9:1961, et seq.”
Succession Delino v. Jake Delino Trust, 242 So. 3d 1247 (La. Ct. App. 2018).
La. Rev. Stat. § 9:1725(3): 3 cases
Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005). “R.S. 9:1725(2), also See, La. R.S. 9:1961, et seq.”
Nat'l Collegiate Student Loans Trust 2005-1 v. Kristen Pleasant Patsy Brown (La. Ct. App. 2024).
Nat'l Collegiate Student Loan Trust 2004-1 v. Richard Pleasant Patsy Brown (La. Ct. App. 2024).
La. Rev. Stat. § 9:1725(4): 3 cases
Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005). “R.S. 9:1725(2), also See, La. R.S. 9:1961, et seq.”
Scott v. Am. Tobacco Co., 195 So. 3d 624 (La. Ct. App. 2016). “R.S. 9:1725(4) (providing that a principal beneficiary is “a beneficiary presently, conditionally, or ultimately entitled to principal”).”
Succession of Materiste, 273 So. 2d 617 (La. Ct. App. 1973). “That definition is found in LSA-R.S. 9:1725(4) and is set forth as follows: (4) `Principal beneficiary' means a beneficiary presently, conditionally, or ultimately entitled to principal.”
La. Rev. Stat. § 9:1725(5): 6 cases
Spinosa v. Spinosa, 934 So. 2d 35 (La. 2006). “La.Rev.Stat. § 9:1725 at Subsection (5) defines "proper court" in pertinent part, as follows: Except when the context clearly indicates otherwise, as used in this Code: * * * * * (5) "Proper court" in the case of an inter vivos trust means the district court of the parish…”
Succession of Batton v. Prince, 384 So. 2d 506 (La. Ct. App. 1980). “Since the Second Judicial District Court for Claiborne Parish has jurisdiction over decedent's succession, it is the "proper court" under LRS 9:1725 [1] and LRS 9:1785 [2] to appoint a successor trustee.”
S. v. Bank One of Louisiana, NA, 740 So. 2d 775 (La. Ct. App. 1999). “R.S. 9:1725(5), would be in East Baton Rouge Parish, where the Bank is domiciled, rather than in Ouachita Parish.”
In re Dendinger, 766 So. 2d 554 (La. Ct. App. 1999). “” LSA-R.S. 9:1725(5). Ms. Dendinger claims that the “proper court” in this case is CDC Division “L.”
Marston v. Premier Bank, N.A., 665 So. 2d 725 (La. Ct. App. 1995). “It argued that under LSA-R.S. 9:1725(5) and 9:1789 of the Louisiana Trust RCode, the “proper court” for a dispute involving a testamentary trust would be the court having jurisdiction over the settlor’s succession, i.”
La. Rev. Stat. § 9:1725(7): 4 cases
Albritton v. Albritton, 591 So. 2d 357 (La. Ct. App. 1991). “LSA-R.S. 9:1725(7), 9:1731, 9:1771, 9:1781, 9:2001, 9:2002, 9:2007.”
Succession of McLean, 651 So. 2d 920 (La. Ct. App. 1995). “See generally LRS 9:1725(7), 2002, 2007. Merriott's contention, in the trial court and here, is that a trustee must exercise her legal rights with respect to the beneficiary solely in the beneficiary's interest, and not to further her own interest at the beneficiary's expense.”
State v. Ourso, 964 So. 2d 1059 (La. Ct. App. 2007).
Succession Delino v. Jake Delino Trust, 242 So. 3d 1247 (La. Ct. App. 2018).
La. Rev. Stat. § 9:1725(8): 2 cases
Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005). “R.S. 9:1725(2), also See, La. R.S. 9:1961, et seq.”
Fed. Land Bank of Jackson v. Gutierrez, 512 So. 2d 603 (La. Ct. App. 1987).
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