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:

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.
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.
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

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.
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.
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

Express Exclusion by Testator
- The testator may exclude the application of accretion by clearly defining the shares or appointing substitutes.
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.
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.
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.
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

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.
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.