Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:1971 (2026)

Time of acquisition of interest

✓ current as of May 2026
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SUBPART B.  THE INTEREST OF THE PRINCIPAL BENEFICIARY

§1971.  Time of acquisition of interest

The interest of a principal beneficiary is acquired immediately upon the creation of a trust, subject to the exceptions provided in this Code and in Civil Code Article 1521.

Acts 1995, No. 413, §1; Acts 2010, No. 1971, §1, eff. Aug. 15, 2010.

Notes of Decisions
Cited in 12 cases, 1969–2018 · leading case: Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005).
Bridges v. Autozone Props., Inc., 900 So. 2d 784 (La. 2005). “R.S. 9:1971, et seq. [6] The primary persons involved in the operation and maintenance of a corporation are its directors, officers, and shareholders.”
Crichton v. Succession of Gredler, 235 So. 2d 411 (La. 1970). · cites it 2× “On this subject, the Louisiana Trust Code provides: LSA-R.S. 9:1971: "The interest of a principal beneficiary is acquired immediately upon the creation of a trust, subject to the exceptions provided in this Code.”
Reynolds v. Reynolds, 388 So. 2d 1135 (La. 1980). “However, the law of trusts recognizes a vesting of a beneficial interest in the principal beneficiary at the creation of a trust and a further vesting of this interest in the heirs of the principal beneficiary at his death.”
Reynolds v. Reynolds, 365 So. 2d 530 (La. Ct. App. 1979). · cites it 2× “In passing we observe that our present trust code specifically provides that the interest *535 of a principal beneficiary is acquired immediately upon the creation of a trust, subject only to certain exceptions not applicable to the trust under consideration (LSA-R.S. 9:1971)…”
David v. Katz, 83 F. Supp. 2d 736 (E.D. La. 2000). · cites it 2× “Under Louisiana law, “All rights may be assigned [and the] assignee is sub-rogated to the rights of the assignor against the debtor.”
Hilliard v. Marshall, 91 F. Supp. 2d 916 (W.D. La. 1999). “R.S. 9:1971. This motion is properly before this court.”
Succession of Materiste, 273 So. 2d 617 (La. Ct. App. 1973). “Under LSA-R.S. 9:1971 the interest of the principal beneficiary is acquired immediately upon the creation of the trust, and in the case of a testamentary trust, the event creating the trust is the death of the testatrix.”
In re the Succession of Baker, 417 So. 2d 1260 (La. Ct. App. 1982). · cites it 2× “R.S. 9:1971. These three provisions provide that a beneficiary must be designated in the trust instrument, that said beneficiary must be in being and ascertainable on the date of the creation of the trust, and that the interest of a principal beneficiary is acquired immediately…”
Succession of Logan, 384 So. 2d 830 (La. Ct. App. 1980). “, as well as interest in the principal of the trust without an interest in income, R.S. 9:1971 et seq. From these and other parts of the Code it is clear that income and interest are not synonymous but rather the term interest is a broader term to be modified by such terms as…”
Crichton v. Succession of Gredler, 220 So. 2d 714 (La. Ct. App. 1969). “LSA-R.S. 9:1971. “Upon a principal beneficiary’s death, his interest vests in his heirs or legatees, subject to the trust, * * LSA-R.”
McCaffery v. Lindner, 263 So. 3d 1205 (La. Ct. App. 2018). “477 states that "Ownership is the right that confers on a person direct, immediate, and exclusive authority over a thing.”
McCaffery v. Lindner, 263 So. 3d 1205 (La. Ct. App. 2018). “477 states that "Ownership is the right that confers on a person direct, immediate, and exclusive authority over a thing.”
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