Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:1802 (2026)

Sufficiency of designation

✓ current as of May 2026

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§1802. Sufficiency of designation

A beneficiary must be designated in the trust instrument, except as otherwise provided in this Code. The designation is sufficient if the identity of the beneficiary is objectively ascertainable solely from standards stated in the trust instrument.

Notes of Decisions

Cited in 8 cases, 1982–2016 · leading case: Scott v. Am. Tobacco Co., 195 So. 3d 624 (La. Ct. App. 2016).

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Scott v. Am. Tobacco Co., 195 So. 3d 624 (La. Ct. App. 2016). “R.S. 9:1802 provides that a “beneficiary must be designated in the trust instrument,” and the trust agreement defines “class beneficiaries” as “all Louisiana residents who desire to participate in the program designed to assist them in the cessation of smoking from the class…”

Hilliard v. Marshall, 91 F. Supp. 2d 916 (W.D. La. 1999). · cites it 3× “R.S. 9:1802,1808, and 1971; 3. The Trust contains dispositions committed to the discretion of a third person in violation of Louisiana Civil Code article 1573 and La.”

In re the Succession of Baker, 432 So. 2d 817 (La. 1983). · cites it 2× “R.S. 9:1802; Op-penheim and Ingram, 11 Louisiana Civil Law Treatise, Trusts § 152.”

In re the Succession of Baker, 417 So. 2d 1260 (La. Ct. App. 1982). · cites it 5× “R.S. 9:1802, La. R.S. 9:1803, and La.R.S.”

In Re Turner Hunt Lewis Trust, 388 F. Supp. 2d 747 (W.D. La. 2005). “R.S. 9:1802. 2 . It is notable that Caroline Hunt does not contest the validity of the trust provisions or *754 in any way argue that she has any right to the property which would devolve to her under the default intestate succession rules.”

In Re Succession of Wilkerson, 9 So. 3d 1058 (La. Ct. App. 2009). · cites it 3× “R.S. 9:1802 and La. C.C. art. 1572. Further, the trial court found that striking the provision so defeated the purpose of the trust as to render the entire trust invalid.”

In re the Succession of Stoneman, 490 So. 2d 333 (La. Ct. App. 1986). “LSA-R.S. 9:1802 requires that the beneficiary be designated in the instrument creating the trust in a manner sufficient to objectively ascertain the identity of the beneficiary.”

Succession of Fellman, 698 So. 2d 477 (La. Ct. App. 1997). “R.S. 9:1802. We disagree. Louisiana Revised Statute 9:1802 requires that a beneficiary be designated in the instrument.”

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