Study Unit 12 Coll Collation + aicictanomm [bea Wo ected ean vera [Not physcally returned, | |* Lan hameal ‘during ‘only use amount in ifetion ont ase amour + ts ating) au of bene + nore may het Reason: ‘Testator intended that assets be distributed equally 9/10/2015Collation L__ = Collatio Bonorum + Example and made in Willi which he bequeathed a legacy of £100,000 his bratherSimelo, and the residue of his estate to his chien Un, Vusl and Windu, and his granddaughter Zanele (whois Windu's daughter) ‘ter the execution ofthe Wil Tandy buys Unaa flat of 300.000 since she last her house ina dorce settlement. ‘Upon Tandu’s death, his estate available for distribution. 1.700.000 Collation + Collatio Bonorum Who must collate | Testator may indicate in Will that collation must / must not apply! 9/10/2015Collation * Collatio Bonorum Who must collate [G Testate ar intestate heir who adiated AND Disa descendant Who could have qualified f the deceased died intestate Nor: + Legatee (simeto) + ascendant + Collaterals (simelo) + Non-bleod relatives {they alzodo not benefit from collation) Collation L_ + Collatio Bonorum + Who must collate Specal eases / Rules aii + Grandchildren = tfparents ae stilalive = Hfthey represent parents = in own right, no parents 39/10/2085Collation > Collatio Bonorum + Who must collate Special cases / Rules Lenatee = IFlegscy i going tobe reduced through abatement, he canna eal fr (insist on collation ~ fetid inherits only as legateeX Collation > Collatio Bonorum + Who must collate Special cases /Rules| ‘Accrual = Descendant who receives benelit due to accrual 39/10/2035Collation > Colfatio Bonorum + Who must collate Special cases / Rules * Creditor He cannot cal fr (insist on) collation to increase value of estae Collation | ati = collatio Bonorum Who may benefit from collation {D “Share in asset / value that was “Feturned” (collated) those beneficiaries who are obliged tocolate (Same Rules / Special Cases) 19/10/2015Collation > Collatio Bonorum Calculation FTandu made in Willin which he bequeathed a legacy of 100.000 his brother Simelo, and the reside of his estate to his 3 children Una, Vsl and Windu, and his granddaughter Zanele who is Windu's daughter) ‘ster the execution ofthe Wil, Tandu buys Una a flat of 300,000 since she lost her house in a divorce settlement. Upon Tandu’s death, his estate avalable for distribution is R1,700.000 [peroo.oag i cal ae ee Collation a = Collatio Bonorum * Calculation ———— Value of estate subtiact and award Legacies Subtract and avaedhelrs whe do NOT collate ‘Add collated value Answer ‘occallatng her: share of Aless amount of collation Tootherheis: share of A 39/10/2015Collation z ® Balnes for dstrbution 1700000 Tr To Simetolegacy 300000 2 [fo Zone x of ordve (1700 ‘00 000 (00100000) / 4 Balance wallable tocolating | 1200000 ets 1700000 ~ 500000) Add amounts tobe collted By ure 300000 [Subst /*AnswerA*=] | 1500 000 Collation ® ® Sub-Total (**Answer A**) 1500.00) 3, [To ure 1/3 of 1500000, 500000 Lessamount collated 300000] 200000] [Te visi 73 of 1500000 500.000 io Wind 1/3 of 1500000 500.000 1700 000 19/10/2035Collation = Collatio Bonorum + What must be collated Included Intention of deceased Part ofinhertance ‘Assistance in business or profession DDowryar wedding gift NOT costs Donations out of proportion to testator’ abies "Debts Collation eS * Collatio Bonorum > What must be collated Excluded |i Usval/ normal expenditure on maintenance /wavel/ edvetion (proportionate) 2, Remuneration for serves rendered (proportionate) 3. Simpl snd unconditional gts / donations Inrportonae) 9/10/201519/10/2015 Collation + Collatio Debitorum collation of Debts NOT collection of debts!! [se | IES TERS ‘Those debts that bring _||* Debts that cannot be about anactual reduction |) recovered e.g. in the deceased state = prescription = insolvency + Ifdebtor = heir = callate