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Terms Used In Louisiana Civil Code 946

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.

A.  If the decedent died intestate, when a successor is declared unworthy his succession rights devolve as if he had predeceased the decedent; but if the decedent died testate, then the succession rights devolve in accordance with the provisions for testamentary accretion as if the unworthy successor had predeceased the testator.

B.  When the succession rights devolve upon a child of the  successor who is declared unworthy, the unworthy successor and the other parent of the child cannot claim a legal usufruct upon the property inherited by their child.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.