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2026 Regular Session ENROLLED
SENATE CONCURRENT RESOLUTION NO. 19
BY SENATOR MILLER
A CONCURRENT RESOLUTION
To urge and request the Louisiana State Law Institute to study the use of trusts with
extended durations and to report its findings and any recommendations for revisions
to the Louisiana Trust Code and applicable Louisiana laws to the Legislature of
Louisiana.
WHEREAS, the Louisiana Trust Code establishes rules regarding the creation,
administration, and duration of trusts consistent with Louisiana's civil law tradition; and
WHEREAS, under existing Louisiana law, trusts are subject to limitations on
duration that have historically reflected the public policy of preventing the long-term
restriction of property and ensuring that assets remain capable of transfer and productive
economic use; and
WHEREAS, the administration of trusts and related fiduciary services have become
increasingly competitive, with many states adopting trust laws that allow extended durations
to promote the in-state management of trust assets; and
WHEREAS, as a result, Louisiana residents may elect to establish trusts under the
laws of other states to take advantage of such provisions, potentially leading to a loss of
trust-related business activity and associated assets within Louisiana; and
WHEREAS, there is a need to review the Louisiana Trust Code to ensure that its
provisions reflect current industry practices and provide sufficient flexibility to address the
increasingly complex estate planning needs of Louisiana individuals and families who utilize
trusts; and
WHEREAS, potential revisions may also raise important policy considerations,
including the long-term concentration of wealth, reduced circulation of property interests,
impacts on taxation and creditor rights, increased litigation, administrative complexity, and
questions concerning compatibility with Louisiana's civil law tradition; and
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SCR NO. 19 ENROLLED
WHEREAS, a comprehensive and balanced study would assist the legislature in
evaluating whether modifications to Louisiana laws governing trust duration and vesting
requirements may be appropriate and in understanding both the opportunities and policy
implications of such changes.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study the use of trusts with extended
durations and to report its findings and any recommendations for revisions to the Louisiana
Trust Code and applicable Louisiana laws to the legislature.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute report its
findings and recommendations to the legislature on or before March 1, 2027.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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