D3. Right of Accretion in Testamentary Succession and in Intestacy

Question 1

Definition

Answer 1

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-heir, co-devisees, or co-legatees.(Art. 1015, NCC)

Basis: Accretion is a right based on the presumed will of the deceased that he prefers to give certain properties to certain individuals rather than to his legal heirs. Accretion is preferred over intestacy. (Paras, 2008)

Question 2

Requisites of Accretion

Answer 2

Requisites of Accretion (Art. 1016, NCC)

In order that the right of accretion may take place in a testamentary succession, it shall be necessary:

1. That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso; and
2. That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it.

In testamentary succession, accretion takes place in case of:
1. Predecease;
2. Incapacity;
3. Renunciation; (Art. 1015, NCC)
4. Non-fulfillment of the suspensive condition imposed upon instituted heir; and
5. Ineffective testamentary disposition. (Paras, 2008)

Accretion takes place in cases of:

1. Predecease of legal heir;
2. Incapacity or unworthiness of legal heir; and
3. Repudiation or renunciation by legal heir. (Art. 1015, NCC)