CHAPTER 11–OF COLLATIONS SECTION 1–WHAT COLLATION IS, AND BY WHOM IT IS DUE Art. 1227. Collation, 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 […]
Art. 1228. Collation by descendants A. Children or grandchildren, coming to the succession of their fathers, mothers, or other ascendants, must collate 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 […]
Art. 1229. Reasons for collation. The obligation of collating is founded on the 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 on the presumption that what was given or bequeathed to children * by their ascendants […]
Art. 1230. Presumption in favor of collation. Collation must take place, 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.
Art. 1231. Express exclusion of collation; extra portion. But things given or bequeathed to children or other descendants by their ascendants, shall not be collated, 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, […]
Art. 1232. Method of declaring dispensation from collation 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 […]
Art. 1233. Sufficiency of declaration. 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.
Art. 1234. Reduction of donations exceeding disposable portion; calculation of legitime. 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, the donee would then be obliged to collate the sum […]
Art. 1235. Persons entitled to demand collation The right to demand collation is confined to descendants of the first degree who qualify as forced heirs, and only applies with respect to gifts made within the three years prior to the decedent’s death, and valued as of the date of the gift. Any provision of the […]
Art. 1236. Repealed by Acts 1990, No. 147, §3, eff. July 1, 1990.
Art. 1237. Renouncing heir’s right to donations not exceeding disposable portion. If children, or other lawful descendants holding property or legacies subject to be collated, should renounce the succession of the ascendant, from whom they have received such property, they may retain the gift, or claim the legacy to them made, without being subject to […]
Art. 1238. Grandchildren; collation of donations made by grandparent after death of parent A. To make descendants liable to collation, as prescribed in the preceding Articles, they must appear in the quality of heirs to the succession of the ascendants from whom they immediately have received the gift or legacy. B. Therefore, grandchildren, to whom […]
Art. 1239. Grandchildren; right to donations made by grandparent during life of parent A. But gifts made or legacies left to a grandchild by his grandfather or grandmother during the life of his father, are always reputed to be exempt from collation. B. The father, inheriting from the grandfather, is not liable to collate the […]
Art. 1240. Grandchildren; collation of donations made by grandparent to parent. In like manner, the grandchild, when inheriting in his own right from the grandfather or grandmother, is not obliged to refund the gifts made to his father, even though he should have accepted the succession; but if the grandchild comes in only by right […]
Art. 1241. Collation by great grandchildren and more remote descendants. What has been said in the three preceding articles, of grandchildren inheriting from their grandfather or grandmother, must be understood of the great-grandchildren and other lawful descendants called to inherit from their ascendants, either in their own name or by right of representation.
