Per collationem bonorum is a legal term utilised in Scots law to refer to the requirement for heirs-at-law or heirs who had received assets from a deceased ancestor during the ancestor’s lifetime to contribute what they had received before the legitim fund could be distributed. Collation involves considering the value of advancements made by an intestate to their children, ensuring that the estate is divided in accordance with the intestacy statute.
Per collationem bonorum is a Latin term utilised in Scots law to describe the process of accounting for goods received. In order to share in the legitim fund, heirs-at-law or heirs who received gifts from a deceased ancestor during their lifetime must bring in (collate) what they had received before the inheritance can be distributed. For example, if a father gave his son a car before his death and the son wishes to share in the inheritance with his siblings, he must account for the value of the car before the inheritance can be divided. This demonstrates how per collationem bonorum is used in Scots law to ensure that all heirs receive a fair share of the inheritance by considering any gifts or advancements made by the deceased ancestor.
Per Collationem Bonorum is a legal concept that refers to the obligation of an heir to bring into the common estate any property or gifts they have received from the deceased during their lifetime.
Per Collationem Bonorum applies when a person dies and leaves behind property or gifts that were given to one heir during their lifetime, and the other heirs believe that these should be brought into the common estate for distribution.
Any property or gifts that were given by the deceased to one heir during their lifetime, such as real estate, money, or valuable items, may be subject to Per Collationem Bonorum.
The purpose of Per Collationem Bonorum is to ensure that all heirs receive an equal share of the deceased’s estate, taking into account any property or gifts that were given to one heir during the deceased’s lifetime.
In some cases, an heir may be able to refuse to bring property or gifts into the common estate under Per Collationem Bonorum, but this will depend on the specific laws and regulations in the jurisdiction.
Per Collationem Bonorum is typically enforced through legal proceedings, where the heirs can present evidence of the property or gifts that were given to one heir during the deceased’s lifetime, and the court can determine how these should be brought into the common estate.
If an heir does not comply with Per Collationem Bonorum, they may face legal consequences, such as being required to bring the property or gifts into the common estate or being excluded from their share of the estate.
In some jurisdictions, it may be possible to waive Per Collationem Bonorum in a will, but this will depend on the specific laws and regulations in the jurisdiction.
To ensure that Per Collationem Bonorum is properly addressed in your estate planning, it is important to consult with a qualified legal professional who can provide guidance on how to structure your estate to comply with this legal concept.
If you have questions about Per Collationem Bonorum and how it may affect your inheritance, it is important to seek legal advice from a qualified attorney who can provide personalized guidance based on your specific circumstances.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/per-collationem-bonorum/
- Modern Language Association (MLA):Per Collationem Bonorum. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/per-collationem-bonorum/.
- Chicago Manual of Style (CMS):Per Collationem Bonorum. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/per-collationem-bonorum/ (accessed: May 09 2024).
- American Psychological Association (APA):Per Collationem Bonorum. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/per-collationem-bonorum/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts