The trustee of an express trust is the proper defendant in an action to enforce an obligation against a trust estate.
Art. 742.Trust Estate
Title III. Parties · Chapter 3. Parties Defendant · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 742 makes the trustee of an express trust the proper defendant in a suit to enforce an obligation against a trust estate.
Full Text of Art. 742
Plain-English Summary
A trust is not itself a legal person that can be sued — it is a relationship in which a trustee holds and manages property for the benefit of another. Article 742 fixes who answers a lawsuit when a claim runs against a trust estate: the trustee, sued in that representative capacity.
The article speaks to an express trust, meaning a trust deliberately created by whoever established it, often called a settlor, as opposed to a trust relationship the law imposes without anyone's intent to create one. For an express trust, the trustee's role in litigation mirrors the trustee's role in managing the trust day to day: acting on the trust estate's behalf, including defending it against claims.
For a plaintiff with a claim connected to trust property, the rule to apply is short: identify the trustee, not the trust's beneficiaries or the trust itself, as the proper defendant.
Frequently Asked Questions
Can a trust itself be named as a defendant in a Louisiana lawsuit?
No. A trust is a relationship, not a legal person capable of being sued. Article 742 directs the suit against the trustee, who represents the trust estate in litigation.
What is an express trust?
An express trust is a trust deliberately created by the person who established it, as opposed to a trust relationship the law imposes on its own. Article 742 addresses the trustee of an express trust as the proper defendant.
Do I need to name the trust's beneficiaries in a suit against the trust estate?
No. Article 742 makes the trustee the proper defendant for claims against a trust estate, without requiring the beneficiaries to be named or joined.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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