Text of the provision
Art. 1063. 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.
(1037)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Property left by will is not deemed subject to collation if the testator did not otherwise provide — but the legitime must in any case remain unimpaired.
Collation is the process, upon a person's death, of accounting for certain gifts an heir received during the decedent's lifetime so the estate can be divided fairly among compulsory heirs. Property a testator leaves by will differs from a lifetime donation: because it is disposed of at death rather than given away earlier, the testator may direct that it stay outside this accounting. The one limit that cannot be waived is the legitime — the portion the law reserves for compulsory heirs — which must remain intact no matter what the testator otherwise provided.
Questions about this provision
- My father found out my brother had been stealing from him, but forgave him before he died — can my brother still inherit despite that?
- Is property given to me in the will added back when computing my siblings' shares?
- Can a parent give one child a gift while alive and expressly say it will not be deducted from that child's future inheritance?
- My parent left me property by will — do I have to bring it into collation with property the other heirs received?
Related provisions
- Article 1062 — When Collation Is Excused.
- Article 1064 — Grandchildren Inheriting by Representation.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.