Chapter 12 - Collation Flashcards
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.
2
Q
Collatable benefits
A
- Money or property given as part of his or her inheritance
- Money or property given for advancement in trade, business or a profession
- Money or property given to the heir as a marriage settlement, excluding expenditure on the festivities for a child’s wedding
- 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.
- Debts owed by the heir to the deceased.
3
Q
Non-collatable benefits
A
- Normal expenditure on maintenance, education or travel
- remuneratory donation
- a simple unconditional gift