Collation is the process by which lifetime gifts or advances a parent gave to a compulsory heir are brought back, at least in value, into the estate when it is settled, so that the legitimes of all the compulsory heirs are computed fairly. A donation to a child is generally presumed to be an advance on that child's inheritance and is collated, unless the donor expressly provided that it should not be, and even then it cannot impair the legitimes of the other heirs. Collation prevents a parent from favoring one child by lifetime gifts at the expense of the others' guaranteed shares.
A common family grievance: one child got a house or a lot from the parents while they were alive, then claims an equal share of what is left when they die. The Civil Code addresses this through collation.
What Collation Is
Collation is the act of bringing back into the estate, at least in value, the donations or advances that the deceased gave during their lifetime to a compulsory heir. The purpose is fairness among the compulsory heirs: by adding the value of lifetime gifts to the estate for computation, the law ensures that each compulsory heir’s legitime is measured against the true total, and that a favored heir’s advance is charged against their share.
The Presumption: A Gift to an Heir Is an Advance
The key rule is a presumption. When a parent donates property to a child (a compulsory heir), the law generally presumes the donation was an advance on that child’s legitime or inheritance. So when the estate is settled, that child must account for the gift: its value is added to the estate for computation, and then charged against the child’s share. The child does not get to keep the lifetime gift and an equal share of the remainder as if nothing had been given.
Exempting a Gift From Collation
A donor may provide that a gift is not an advance — that it should not be collated — by an express declaration to that effect. But there is a limit: even a gift the donor exempted from collation cannot impair the legitimes of the other compulsory heirs. If an exempted gift is so large that it eats into what the law guarantees the others, the gift is reduced to the extent necessary (it is treated as coming from the free portion, and the excess is inofficious). So a parent cannot use “this is not an advance” to strip other children of their legitimes.
What Is and Is Not Collated
- Collated: donations and advances to compulsory heirs (subject to the exemption above), and, for computing legitimes, donations to strangers are also added to determine the free portion.
- Generally not collated: ordinary expenses for support, education (basic, not professional or career, in some cases), medical care, and customary gifts, as the Civil Code specifies — these are considered the parent’s duty, not advances on inheritance.
How It Works in a Settlement
In practice, when heirs settle an estate (extrajudicially or in court), they must disclose lifetime donations to compulsory heirs, add their value to the estate, compute each legitime against the total, and then deduct each heir’s advance from their share. Hiding a large lifetime gift to skew the division is exactly what collation is designed to defeat.
Practical Advice
- Heirs settling an estate: account for lifetime gifts to compulsory heirs; a co-heir who received a house years ago must generally have it collated.
- Parents planning gifts: if you want a gift to be on top of a child’s inheritance, say so expressly — but know it cannot impair the others’ legitimes.
- If a gift is being hidden to unbalance a settlement, collation is your tool to restore fairness.
Frequently Asked Questions
What is collation? Bringing lifetime gifts or advances given to a compulsory heir back into the estate, at least in value, when it is settled, so that everyone's legitime is computed fairly and the favored heir's advance is charged against their share.
Is a gift from a parent to a child counted against their inheritance? Generally yes. A donation to a compulsory heir is presumed to be an advance on their inheritance and is collated, unless the donor expressly provided otherwise, and even then it cannot impair the other heirs' legitimes.
Can a parent exempt a gift from collation? Yes, by an express declaration, but the exempted gift still cannot impair the legitimes of the other compulsory heirs. If it does, it is reduced to that extent.
Are support and education expenses collated? Generally no. Ordinary expenses for support, education, and medical care, and customary gifts, are usually not collated, as they are considered the parent's duty rather than advances on inheritance.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If a lifetime gift is skewing an estate settlement, our firm can help you apply collation and protect the legitimes. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.