Art. 1505. Calculation of disposable portion on mass of succession
A. To determine the reduction to which the donations, either inter vivos or mortis
causa, are subject, an aggregate is formed of all property belonging to the donor or testator
at the time of his death; the sums due by the estate are deducted from this aggregate amount;
to that is fictitiously added the property disposed of by donation inter vivos within three years
of the date of the donor's death, according to its value at the time of the donation.
B. The disposable quantum is determined on the above calculation, taking into
consideration the number of forced heirs.
C. Neither the premiums paid for insurance on the life of the donor nor the proceeds
paid pursuant to such coverage shall be included in the above calculation. Moreover, the
value of such proceeds at the donor's death payable to a forced heir, or for his benefit, shall
be deemed applied and credited in satisfaction of his forced share.
D. Employer and employee contributions under any plan of deferred compensation
adopted by any public or governmental employer or any plan qualified under Sections 401
or 408 of the Internal Revenue Code, and any benefits payable by reason of death, disability,
retirement, or termination of employment under any such plans, shall not be included in the
above calculation, nor shall any of such contributions or benefits be subject to the claims of
forced heirs. However, the value of such benefits paid or payable to a forced heir, or for the
benefit of a forced heir, shall be deemed applied and credited in satisfaction of his forced
share.
Amended by Acts 1981, No. 646, §1; Acts 1981, No. 909, §1; Acts 1982, No. 356,
§1; Acts 1983, No. 656, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180,
§1, eff. Jan. 1, 1996; Acts 1996, 1st Ex. Sess., No. 77, §1; Acts 2020, No. 19, §1.