When facing a succession among brothers and sisters, it is not unusual that resentments emerge linked to old donations during life made by parents to only one of the heirs. These gestures, often performed in good faith, can however generate conflicts if they are not taken into account in the division of the inheritance.
Take the case of Anna and Luca. On the death of their mother, they discover that the father, still alive, had donated to Anna an apartment ten years earlier. At the moment of the inheritance division, Luca wonders whether that donation must be “counted” to rebalance the values at stake. It is in this kind of situation that collation in inheritance comes into play.
This mechanism, provided for by Italian law, serves to ensure a fair division between the children, but it is little known and often misunderstood. Let us see, then, how collation in inheritance works, who is required to make it and what the most frequent problems between siblings are.
What is meant by collation in inheritance?
Collation is an institution provided for by the Codice Civile that requires certain heirs, in particular the children and the spouse, to “bring back” into the estate the donations received during life from the deceased. The aim is to ensure a fair division of the inheritance among all the legitimate heirs.
It does not mean that the assets must be physically returned, but that they are taken into account in the overall calculation of the succession and donated assets, in order to avoid imbalances. In other words, if Anna has already received an apartment, the value of that property will be deducted from her share of the inheritance.
Who is required to make collation and when does it apply?
Collation applies only to legitimate heirs, that is, spouse, children and, in their absence, ascendants. These subjects are required to bring into the inheritance pool the value of the donations during life received from the deceased, unless it has been expressly indicated in the donation document that the asset is “not subject to collation”.
It is important to know that collation applies only in the case of intestate or necessary succession, and not in pure testamentary successions, save for different indications in the will.
What happens if an heir refuses collation?
If an heir refuses to include in the inheritance division the value of the asset received, the other heirs can act legally to enforce the rights of the heirs in collation. It is a situation that can easily lead to conflicts between heirs over donations, especially between siblings who have received different treatment from their parents.
In similar cases, it is advisable to turn to a lawyer experienced in successions in order to prevent tensions from turning into actual judicial disputes.
What are the most frequent problems in collation between siblings?
Among the problems linked to collation between siblings, the most common concerns the perception of injustice. Those who have received less tend to feel penalised, even when collation has been carried out correctly. At times parents donate an asset thinking of “anticipating” a part of the inheritance, but do not leave clear instructions, creating confusion.
Another problem arises when the value of the donated asset is difficult to estimate, or has greatly increased over time, creating further imbalance.
To minimise conflicts, it is useful to:
- accurately document all the donations during life
- involve all the heirs in patrimonial choices
- consult a professional before drafting the will or the donation
Understanding to prevent: the value of transparency between heirs
Knowing how collation in inheritance works helps to prevent misunderstandings and tensions within the family. Speaking openly about succession and donated assets, clarifying the intentions of those who donate and respecting the rights of the heirs in collation is the first step towards peaceful management of the inheritance.
If addressed with awareness and adequate support, collation can be a useful tool to maintain family balances, even in the most delicate moments.
