Term
|
Definition
| The collation of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in advance of his share or otherwise, in order that such property may be divided together with the other effects of the succession. |
|
|
Term
| Children or grandchildren, coming to the succession of their fathers, mothers, or other ascendants, must collate... |
|
Definition
what they have received from them by donation inter vivos, directly or indirectly, and they cannot claim the legacies made to them by such ascendants unless the donations and legacies have been made to them expressly as an advantage over their coheirs and besides their portion.
This rule takes place whether the children or their descendants succeed to their ascendants as legal or as testamentary heirs. |
|
|
Term
| Reasons (2) for Collation |
|
Definition
(1) equality which must be naturally observed between children and other lawful descendants, who divide among them the succession of their father, mother and other ascendants; and also
(2) the presumption that what was given or bequeathed to children by their ascendants was so disposed of in advance of what they might one day expect from their succession. |
|
|
Term
| Collation must take place... |
|
Definition
| whether the donor has formerly [formally] ordered it, or has remained silent on the subject; for collation is always presumed, where it has not been expressly forbidden. |
|
|
Term
| Collation shall not occur when... |
|
Definition
| if the donor has formally expressed his will that what he thus gave was an advantage or extra part, unless the value of the object given exceed the disposable portion, in which case the excess is subject to collation. |
|
|
Term
| How do you declare dispensation from collation? |
|
Definition
| The declaration that the gift or legacy is made as an advantage or extra portion may be made in the instrument where such disposition is contained, or afterwards by an act passed before a notary and two witnesses, or in the donor's last will and testament. Unless expressly stated to the contrary, a declaration of dispensation from collation made in the last will and testament of the donor shall be effective as a dispensation from collating donations made both before and after execution of said testament. |
|
|
Term
| When is collation sufficiently dispensed with? |
|
Definition
| The declaration that the gift or legacy is intended as an advantage or extra portion, may be made in other equivalent terms, provided they indicate, in an unequivocal manner, that such was the will of the donor. |
|
|
Term
| If, upon calculation of the value of advantages thus given, and of the other effects remaining in the succession, such remaining part should prove insufficient to give to the other children their legitimate portion then what happens? |
|
Definition
| the donee would then be obliged to collate the sum by him received, as far as necessary to complete such portion, though he would wish to keep the donation, and renounce the inheritance; and in this calculation of the legitimate portion, the property given or bequeathed by the ascendants, not only to their children, but even to all other persons, whether relations or strangers, must be included. |
|
|
