Collation (inheritance law)
Collation ( Latin: collatio = gift of money), also an obligation to collate , in inheritance law, describes the compensation of the previous receipts of individual co-heirs received from the testator during his lifetime. A distinction is made between real and ideal collation. In the case of real collation, the compensation of the previous receipts is achieved in that the person obliged to make the adjustment actually returns the previous receipt to the community of heirs and the compensation is then carried out. With the ideal collation, there is no return in nature, only a mathematical compensation.
German inheritance law has opted for the ideal collation in § § 2050 ff. BGB . In the event of a dispute, what is received will be offset against the inheritance.
The obligation to collate does not limit the freedom of testament , but only applies if there is no willful succession.
For agricultural law partially different regulations as apply § 12 yards order . Historically, the obligation to collate goes back to the obligation to make adjustments under common law.
In Austria and Switzerland there are corresponding regulations for an anticipated succession .
In Swiss inheritance law, the collation is also referred to as adjustment and is regulated in Art. 626 ff. ZGB . The legal heirs are obliged to compensate for everything that the testator gave them during their lifetime to offset their share of the inheritance. The beneficiary has according to Art. 628 of the Civil Code, the choice of whether it is received in kind (real collation) or according to value (ideal collation) is included in the adjustment.
