What is collation?

It is the process of adding the value of thing donated to the net value of hereditary estate. To collate is to bring back or return to the hereditary mass, in fact or fiction, property which came from the estate of the decedent, during his lifetime, but which the law considers as an advance from the inheritance. Collation is applicable to both donations to compulsory heirs and donations to strangers.

General Rule:

Compulsory heirs are obliged to collate.

Exception:

1. When testator should have so expressly provided;

2. When compulsory heir repudiates his inheritance

What are the properties that are to be collated?

1. Any property/right received by gratuitous title during testator’s lifetime

2. All that may have been received from decedent during his lifetime

3. All that their parents have brought to collation if alive

What are the properties not subject to collation?

1. Absolutely no collation – expenses for support, education (elementary and secondary only), medical attendance, even in extra-ordinary illness, apprenticeship, ordinary equipment or customary gifts.

2. Generally not imputed to legitime:

     a. Expenses incurred by parents in giving their children professional, vocational, or other career unless the parents so provide, or unless they impair the legitime.

     b. Wedding gifts by parents and ascendants consisting of jewelry, clothing and outfit except when they exceed 1/10 of the sum disposable by will.

Note: Only the value of the thing donated shall be brought to collation. This value must be the value of the thing at the time of the donation.