Legal Definitions - collate

In civil law, the term collate refers to the process of returning certain inherited property or gifts, which an heir received during the deceased person's lifetime, back into the total value of the estate. This is done to ensure a fair and equitable division of the estate among all heirs, especially when the deceased intended for each heir to receive an equal share of their overall wealth.

• Imagine a parent who, during their lifetime, gave one of their three children a substantial sum of money to help start a business. The parent's will later states that all three children should inherit equally from the estate. To ensure fairness, the value of the money given to the first child for their business would be collated. This means that for the purpose of calculating each child's share, the value of that gift is added back to the total estate, and then the shares are determined. The child who received the gift would then receive a smaller distribution from the remaining estate assets to balance out the earlier gift.

• Consider a situation where a grandparent made a significant financial gift to one grandchild, explicitly documenting it as an "advance on their inheritance." Upon the grandparent's passing, the executor of the estate would need to collate this advance. The amount of the advance would be added to the total value of the estate before dividing it among all eligible heirs and beneficiaries. The grandchild who received the advance would have that amount deducted from their final inheritance share, ensuring that all grandchildren ultimately receive their intended portion of the estate.