Chapter 12 - Collation Flashcards

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1
Q

Collation

A

Collation is a process where, under certain circumstances, a descendant who received certain benefits from a testator during the testator’s lifetime must bring in such benefits before he or she may inherit from the estate of the testator to ensure a fair distribution of the deceased estate among all the descendants.

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2
Q

Collatable benefits

A
  1. Money or property given as part of his or her inheritance
  2. Money or property given for advancement in trade, business or a profession
  3. Money or property given to the heir as a marriage settlement, excluding expenditure on the festivities for a child’s wedding
  4. Other money or property given to the heir which is a gift of a substantial nature in relation to the donor’s means resulting in inequitable treatment so far as the other heirs are concerned.
  5. Debts owed by the heir to the deceased.
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3
Q

Non-collatable benefits

A
  1. Normal expenditure on maintenance, education or travel
  2. remuneratory donation
  3. a simple unconditional gift
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