Short answer. Yes. Under Article 1062, collation does not apply if the donor expressly said so. Your parent can release you from bringing the donation back into the estate, but only if that intention was stated clearly, and the gift can still be reduced later if it turns out to be inofficious.

What the law says

Collation shall not take place among compulsory heirs if the donor should have so expressly provided, or if the donee should repudiate the inheritance, unless the donation should be reduced as inofficious.

Civil Code, Article 1062 — When Collation Is Excused. Read the full provision →

How the donor excuses collation

Article 1062 gives the donor the power to exempt a gift from collation — but only if they do so expressly. A vague intent or an implied understanding is not enough; the exemption must be stated clearly. This is typically done in the deed of donation itself, in a separate notarial document, or in a will. If your parent wrote in the deed of donation that the gift was "not subject to collation" or used equivalent language, that express provision is operative. Without it, the default rule applies and compulsory heirs who receive donations must bring them back into the estate for computation purposes.

The inofficious donation exception

Even an express waiver of collation does not fully protect a donation that is inofficious. Article 1062 qualifies: the exemption applies "unless the donation should be reduced as inofficious." A donation is inofficious when it exceeds the disposable portion of the estate — the part the donor was free to give away without prejudicing the legitimes of compulsory heirs. If the gift to you was so large that it impaired what your siblings or other compulsory heirs were entitled to receive as their minimum share, the excess can be reduced regardless of what the deed of donation said about collation. Collation and reduction for inofficiousness are related but distinct concerns.

Repudiation also excuses collation

Article 1062 provides a second route out of collation that does not depend on the donor's choice: repudiation by the donee. If you repudiate — formally renounce — your inheritance entirely, you are also relieved of the obligation to collate what you received as a donation. You cannot, however, accept the inheritance while refusing to collate the donation; the statute ties collation to the act of inheriting. Repudiation is an all-or-nothing choice: you walk away from both the inheritance and the collation obligation, and you cannot later change your mind after the other heirs have distributed the estate in reliance on your renunciation.

Checking whether the exemption was properly made

If you are relying on a donor's express exemption from collation, the most important thing is to locate and review the exact document in which that exemption was stated. Look at the deed of donation and any will or codicil your parent may have executed. The word expressly in Article 1062 means there should be no ambiguity. If the language says the gift was an advance on inheritance or uses accounting language, that may point the other way — toward collation being expected. The presence or absence of a clear exemption language in the donation documents will likely be the central factual question if a dispute arises among the heirs.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.