Right of Accretion in intestate and testate succession

Requisites and limitations | Right of Accretion in intestate and testate succession | Provisions Common to Testate and Intestate Succession | WILLS AND SUCCESSION

Right of Accretion in Testate and Intestate Succession: Requisites and Limitations

The right of accretion refers to the legal principle in succession where the share of a co-heir or co-legatee, who cannot or does not accept their inheritance or legacy, is added proportionately to the shares of their co-heirs or co-legatees. This doctrine applies in both testate (with a will) and intestate (without a will) succession under the Civil Code of the Philippines, specifically Articles 1015 to 1019. Below is a detailed exposition of the requisites and limitations governing this principle:

A. Requisites for the Right of Accretion

1. Plurality of Heirs or Legatees/Devisees

  • The right of accretion arises only when there are two or more heirs, legatees, or devisees instituted in the same property, portion of the inheritance, or legacy.
  • If there is only one heir or legatee, accretion does not apply because there is no co-heir or co-legatee to whom the vacant share can pass.

2. Vacancy of a Portion of the Inheritance

  • Accretion applies when a portion of the inheritance, legacy, or devise becomes vacant due to specific causes, such as:
    • Repudiation of the inheritance by an heir.
    • Predecease of the heir, legatee, or devisee.
    • Disqualification or incapacity of the heir, legatee, or devisee (e.g., unworthiness under Article 1032 of the Civil Code).
    • Nullity of the institution of an heir or the legacy/devise.

3. Instituted to the Same Thing (Conjunctive or Collective Institution)

  • The co-heirs or co-legatees must have been instituted to the same property or right without specifying their individual portions.
  • For example, if a testator bequeaths a house to “A and B jointly,” and B repudiates his share, A will inherit the entire house by accretion.

4. Absence of Substitution or Void Portion

  • There must be no valid substitution of heirs or legatees who could take the vacant share.
  • If the testator explicitly designates a substitute heir or legatee in the will, the substitute will inherit the vacant portion, and the right of accretion does not apply.
  • Similarly, accretion cannot occur when the portion of the inheritance is rendered void (e.g., prohibited substitutions or invalid institutions).

5. No Contrary Intention of the Testator

  • The right of accretion applies only when the testator does not explicitly exclude it in the will.
  • If the testator allocates distinct portions to each heir or legatee, accretion does not occur as the shares are fixed and individualized.

B. Application of the Right of Accretion in Intestate Succession

In intestate succession, the right of accretion applies as a subsidiary mechanism to ensure the transfer of property among legal heirs. However, it is subject to the rules of representation and legal distribution:

  1. Representation Over Accretion

    • The right of representation takes precedence over accretion in intestate succession.
    • For example, if a predeceased heir has descendants, the latter will inherit by representation, and no accretion occurs.

  2. Hierarchy of Heirs

    • Accretion operates within the same class or degree of heirs.
    • For example, if there are two siblings as heirs, and one disclaims their share, the other sibling inherits the entire estate by accretion.

  3. Proportionate Sharing

    • The co-heirs receive the vacant portion in proportion to their legal shares, as determined under Article 1015 of the Civil Code.

C. Application of the Right of Accretion in Testate Succession

  1. Conjunctive Institution

    • Accretion applies when multiple heirs, legatees, or devisees are jointly instituted to the same thing without specific portions.
    • For example, if a will provides: “I leave my farm to X and Y jointly,” and Y predeceases X, the entire farm goes to X through accretion.

  2. Absence of Substitution

    • If the testator designates a substitute for a co-heir or co-legatee, accretion does not apply, and the substitute inherits the vacant portion.

  3. Effects of Nullity or Repudiation

    • If an institution of an heir is declared null or if an heir repudiates their share, the other co-heirs inherit the vacant share by accretion unless a substitute is designated.

D. Limitations on the Right of Accretion

  1. Express Exclusion by Testator

    • The testator may exclude the application of accretion by clearly defining the shares or appointing substitutes.

  2. Individual Portions Allocated

    • If the testator specifies distinct shares for each co-heir or co-legatee, accretion does not occur.
    • For example: “I leave 50% of my estate to A and 50% to B” prevents accretion because each heir’s share is clearly defined.

  3. Substitution and Representation

    • Substitution (e.g., vulgar or fideicommissary) or representation takes precedence over accretion.
    • Legal heirs or substitutes will inherit the vacant portion before co-heirs can invoke accretion.

  4. Limited to the Same Class

    • Accretion is limited to heirs, legatees, or devisees within the same category or level. It cannot override rules on intestate succession hierarchy.

  5. Unworthiness and Disqualification

    • An unworthy or disqualified heir under Article 1032 cannot invoke accretion. Similarly, accretion does not apply to portions forfeited due to these reasons.

E. Practical Examples

  1. Testate Succession

    • A will states: “I leave my car to C and D jointly.” If D renounces his share, C inherits the entire car by accretion.
    • However, if the will states: “I leave my car to C and D, but if D renounces, then E shall inherit,” substitution prevails, and E inherits D’s share.

  2. Intestate Succession

    • If two siblings are heirs and one renounces their share, the other sibling inherits the entire estate by accretion.
    • However, if the renouncing sibling has children, representation prevails, and the children inherit the share.

F. Key Civil Code Provisions

  • Article 1015: Proportional accretion among co-heirs.
  • Article 1016: Effects of repudiation or absence of heirs.
  • Article 1018: Limitation by contrary intention or designation of substitutes.
  • Article 1019: Representation prevails over accretion.

By adhering to these requisites and limitations, the principle of accretion ensures fairness and continuity in the transfer of property in both testate and intestate succession.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Right of Accretion in intestate and testate succession | Provisions Common to Testate and Intestate Succession | WILLS AND SUCCESSION

Right of Accretion in Testate and Intestate Succession

The right of accretion (jus accrescendi) is a principle in civil law under the provisions of the Civil Code of the Philippines that governs situations where a part of an inheritance is left without a designated heir or legatee, resulting in its automatic accrual to other heirs or legatees under specified conditions. This right ensures the orderly transfer of properties in both testate (with a will) and intestate (without a will) successions.

I. LEGAL BASIS

The right of accretion is primarily governed by Articles 1015 to 1021 of the Civil Code of the Philippines.

II. DEFINITION OF ACCRETION

Accretion is the process by which an unallocated portion of an inheritance is transferred to co-heirs or co-legatees. It applies when:

  1. A co-heir or co-legatee predeceases the testator.
  2. A co-heir or co-legatee is incapacitated or renounces their share.
  3. No substitute or alternative heir or legatee is named in the will.

III. CONDITIONS FOR ACCRETION

The right of accretion is contingent on the following:

A. In Testate Succession

  1. Same Partition: The property must have been left to multiple heirs or legatees collectively, without specifying distinct portions. This is termed a "joint disposition" (pro indiviso).

    • Example: "I leave my estate to A, B, and C," without specific portions, would qualify.

  2. Lack of Substitution: The will does not provide for substitutes or an alternative plan if an heir or legatee cannot inherit.

  3. Renunciation or Incapacity: If one of the co-legatees or co-heirs:

    • Predeceases the testator,
    • Is declared incapacitated,
    • Renounces the inheritance.

  4. Solidarity Among Co-Heirs: There must be solidarity among the heirs for accretion to take place. If the testator has clearly divided the portions among the heirs, accretion does not apply.

B. In Intestate Succession

  1. No Substitution: Accretion takes place if the law does not provide for substitution in the event of predecease, incapacity, or renunciation.
  2. Joint Interest in a Property: Co-heirs must have a joint interest in a property, and one of them fails to inherit due to any of the aforementioned reasons.

C. Absence of Contrary Intention

  • If the testator specifies that the share of a particular heir or legatee should lapse and revert to other beneficiaries, accretion is allowed.
  • Conversely, if the testator explicitly prohibits accretion, it will not apply.

IV. EFFECTS OF ACCRETION

  1. Increase in Share: The shares of the remaining co-heirs or co-legatees increase proportionately to their original shares.

    • For example, if A, B, and C are entitled to equal shares and C renounces, A and B will inherit 50% each.

  2. No Additional Tax Implication: Accretion does not constitute a separate transmission. The estate remains a single succession process, with the remaining heirs simply adjusting their shares.

V. EXAMPLES OF ACCRETION

A. Testate Succession

  • Scenario: A will states, “I leave all my properties to X and Y,” without specifying portions. If Y renounces the inheritance, X acquires Y’s share by accretion.

B. Intestate Succession

  • Scenario: Three siblings, A, B, and C, are legal heirs to their parent’s estate. If B is declared incapacitated, A and C inherit B’s share proportionately.

VI. EXCEPTIONS TO ACCRETION

  1. Substitution or Representation Exists: When there is a substitute heir named in the will, or legal representation occurs in intestate succession.

    • Example: If the will states, “If A cannot inherit, B shall take his place,” no accretion applies.

  2. Specific Allocations: When the testator specifies distinct and separate shares for heirs or legatees.

    • Example: “I leave 50% to A and 50% to B.” If B renounces, B’s share does not accrue to A and instead goes to other heirs.

  3. Prohibited by Testator: When the will explicitly states that accretion should not occur.

VII. SPECIAL RULES ON ACCRETION

  1. Renunciation by All Co-Heirs or Co-Legatees:

    • If all heirs renounce or are incapacitated, the estate is subject to intestate succession.

  2. Compulsory Heirs: The right of accretion does not prejudice the rights of compulsory heirs under Article 887 of the Civil Code.

VIII. SUMMARY

The right of accretion ensures the efficient distribution of an estate, preventing gaps or unintended beneficiaries. It operates under both testate and intestate succession, subject to conditions such as joint interest, absence of substitution, and lack of contrary intent by the testator. However, it is overridden by representation, substitution, or specific prohibitions.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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