Short answer. Generally no. Article 1063 of the Civil Code states that property left by will is not subject to collation unless the testator specifically directed otherwise. What the will gives you stays yours without being counted against the shares of your siblings — but the legitime of compulsory heirs must always remain intact.

What the law says

Property left by will is not deemed subject to collation, if the testator has not otherwise provided, but the legitime shall in any case remain unimpaired.

Civil Code, Article 1063 — Property Left by Will. Read the full provision →

What collation is and why it matters

Collation is the process of adding back to the estate property that was previously given to an heir, so that all compulsory heirs receive their fair share of the total inheritance. It is a mechanism for equalization — so that an heir who received property from the deceased during their lifetime does not receive more than their entitled share at death. Without collation, some heirs could receive far more than others simply because they received gifts earlier. Article 1063 addresses the specific situation of property given through a will, as distinct from gifts made during the testator's lifetime.

The default rule for testamentary gifts

Article 1063 establishes a default: property left by will is not deemed subject to collation unless the testator has provided otherwise. This means that what the testator specifically designated in the will for you is treated as a separate, deliberate allocation — not a general advance on your share of the estate that must later be counted against the shares of other heirs. The testator could override this default by explicitly stating in the will that the bequest is subject to collation, but without that direction, the default protects the recipient.

The exception that always applies: the legitime

The article ends with a critical qualifier: the legitime shall in any case remain unimpaired. The legitime is the portion of the estate that the law reserves for compulsory heirs — such as children, a surviving spouse, and ascendants — which the testator cannot reduce or give away. Even if testamentary gifts are not subject to collation between the heirs themselves, they cannot be so large that they eat into the compulsory heirs' legitime. If the will gives so much to one person that the other compulsory heirs receive less than their legal minimum share, those heirs can demand the reduction of the bequest to restore their legitime.

When testamentary gifts can still be challenged

Even if your testamentary gift is not subject to collation, it is not beyond all challenge. If the estate is insufficient to pay all debts and the legitime of compulsory heirs, the testamentary gifts may be reduced in the order the law specifies. The testator could also have explicitly provided that certain bequests are subject to collation — in which case, Article 1063 allows that direction to be followed. And if the will itself is invalid, or if the bequest was induced by fraud or undue influence, separate legal grounds exist to contest the bequest — not on collation grounds, but on the validity of the will itself.

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.