A succession representative cannot in his personal capacity or as representative of any other person make any contracts with the succession of which he is a representative. He cannot acquire any property of the succession, or interest therein, personally or by means of third persons, except as provided in Article 3195. All contracts prohibited by this article are voidable and the succession representative shall be liable to the succession for all damages resulting therefrom.
Art. 3194.Contracts Between Succession Representative and Succession Prohibited; Penalties For Failure to Comply
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 4. General Functions, Powers, and Duties of Succession Representative · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3194 bars a succession representative from contracting with the succession, in a personal capacity or on behalf of someone else, and from acquiring succession property or an interest in it directly or through a third person, making any contract violating this rule voidable and exposing the representative to liability for the damages it causes.
Full Text of Art. 3194
Plain-English Summary
Self-dealing sits at the center of what a fiduciary duty forbids, and Article 3194 states the succession's version of that rule in blunt terms. A succession representative cannot make contracts with the succession they represent, whether acting in a personal capacity or as the representative of someone else. The concern is the same either way: a representative negotiating against the same estate they are supposed to be protecting cannot be trusted to negotiate at arm's length.
The prohibition reaches further than direct contracts: the representative cannot acquire succession property, or any interest in it, in a personal capacity, and cannot use an intermediary to accomplish indirectly what the rule forbids directly. Louisiana law does not let form defeat substance here; a purchase arranged through a third person is treated the same as one made directly.
Article 3195 carves out narrow exceptions to this rule, discussed there. Outside those exceptions, any contract Article 3194 forbids is voidable, giving the succession the option to unwind it, and the representative remains personally liable to the succession for whatever damages the prohibited contract causes. This protects heirs, legatees, and forced heirs whose share of the estate depends on succession property staying intact and administered without conflict of interest.
Frequently Asked Questions
Can a succession representative buy property from the estate they administer?
Generally no. Article 3194 bars a succession representative from acquiring succession property or an interest in it, apart from the narrow exceptions Article 3195 provides.
What if the representative uses someone else to buy the property instead of buying it directly?
Still prohibited. Acquiring succession property through a third person is treated the same as acquiring it directly under Article 3194.
What happens to a contract that violates Article 3194?
It is voidable, meaning the succession can choose to unwind it, and the representative is personally liable to the succession for the resulting damages.
Why does Louisiana law prohibit these self-dealing contracts?
Because a succession representative is a fiduciary who must administer the estate for the succession's benefit, not their own; the prohibition protects heirs, legatees, and forced heirs whose shares depend on the property staying intact.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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