Legalese 2009 (Week 43)


accretion – in succession, the implied institution of a co-heir, co-devisee, or co-legatee to a portion of the inheritance left vacant by another co-heir, co-devisee, or co-legatee by reason of predecease, incapacity or repudiation (Comments and Cases on Succession, p. 544 [2003]).


ARTICLE 1015. Accretion is a right by virtue of which, when two or more persons are called to the same inheritance, devise or legacy, the part assigned to the one who renounces, or cannot receive his share, or who died before the testator is added or incorporated to that of his co-heirs, co-devisees or co-legatees.


Accretion is a right based on the presumed will of the decedent. When a testator gives a determinate, undivided thing or the same inheritance to two or more persons, without designating their specific shares, he thereby manifests his desire to give said persons preference to the right over the thing or inheritance assigned. Hence, if for any reason one of them does not or cannot receive his share, the law, following the testator’s implied desires, gives the vacant shares to the others. (Comments and Cases on Succession, p. 544 [2003]).


Can the testator provide that no accretion shall take place? (see Comments and Cases on Succession, p. 545 [2003]).