Right of Accretion

RIGHT OF ACCRETION
Article 1015-1023
DISCUSSION FLOW
Definition and Reasoning (Art. 1015 and Art. 1017)
When shall it take place (Art. 1016 and Art. 1018, Art. 1023)
Rights (Art. 1019-1021)
Exceptions(Art. 1021, 1022)
Things to remember: Rule of ISRAI
Rule: Apply Institution if proper; if not, apply Substitution
if proper; if not, apply Representation if proper; if not, apply
Accretion if proper; if not, apply Intestacy.
DEFINITION OF RIGHT OF
ACCRETION (ART. 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.
Requisites if Accretion:
Plurality of subject, (Person entitled to succeed)
Unity of object, (property to be distributed)
Vacancy of share (one of the heirs dies before the
testator, or renounces the inheritance, or is
incapacitated)
Acceptance of the vacant portion by the person
entitled. (Accretion is a right that can be accepted
or repudiated by the person entitled).
REASONING OF RIGHT OF
ACCRETION
Accretion is a right based on the presumed will of
the deceased that he prefers to give certain
properties to certain individuals.
Reasoning is that the decedent intended to give
the property to nobody but the co-heirs on a
testamentary succession.
Article 1017
The words "one-half for each" or "in equal shares" or any others which,
though designating an aliquot part, do not identify it by such description as
shall make each heir the exclusive owner of determinate property, shall not
exclude the right of accretion.
In case of money or fungible goods, if the share of each heir is not
earmarked, there shall be a right of accretion.
Rule of earmarking applies: earmark is when specific things are to be
given. No earmark, accretion applies; earmarked, no accretion.
Reasoning is that the decedent intend to specifically give specific things
to specific person.
Alluring have a land. Barbie, Caterpillar and Dora called at the will of
Alluring in equal share, gay friends of her. If Caterpie renounce his share,
will there be an accretion?
Yes, since the mere fixing of aliquot parts does not necessarily make the
property determinate or specific, for we still cannot ascertain which
particular section or portion of the land.
Alluring have a land divided in Three parts. Barbie gets the North-east part
, Caterpillar gets the North-west part and Dora the southern part as they
are called at the will of Alluring, gay friends of her. If Caterpie renounce his
share, will there be an accretion?
No, since there is a distinct description of the property, resulting to an
earmarking of the testator, to be acquired. Legal succession shall be
proper.
WHEN RIGHT OF ACCRETION

TAKE PLACE
Under Testamentary Succession (Art. 1016)
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
Under legal succession (Article 1018)

In legal succession the share of the person who repudiates the
inheritance shall always accrue to his co-heirs.
Problem: A has children B and C then D the brother of A. B died
before A. Is accretion proper under the following?
1. If there is no will.
Not proper. B is incapable to succeed since there was no calling
to B of A to inherit. Intestacy shall prevail.
2. If A made a will calling B, C and D to inherit,
Accretion is proper. B is incapable to received since he is called
to receive.
Accretion ,in testamentary succession, is a matter on the

incapacity to receive. Intestacy is on incapacity to succeed.
We are of the opinion that the case cannot be made to
turn upon so refined an interpretation of the language of
the Code, and at any rate the disability to which Vicente
F. Lopez was subject was not a general disability to
succeed but an accidental incapacity to receive the
legacy, a consideration which makes a case for accretion
rather than for intestate succession. (LUZ LOPEZ DE
BUENO vs MARGARITA LOPEZ G.R. No. L-25966
November 1, 1926)
PROBLEMS
+D
+A
Under the given circumstances is Accretion

proper?
E
B called in a will of A, B died before A.

No, F can represent B. Should have been C
that died and was called, Accretion is proper.
(ISRAI Rule)
B died with out a will of A.
No, F can represent B.

C repudiates his rights as a legal hier of A.
Yes, Under Art. 1018
C is incapacitated to receive.
Yes, should there be a will of A calling C (under
Art. 1016. Without a will of A calling C, no
Accretion. Intestate is proper.
Article 1023. Accretion shall also take place among devisees,

legatees and usufructuaries under the same conditions
established for heirs.
This is a supplementary provision of the definition of
accretion under art. 1015 on gifts of real and personal
property and usufructuaries given by virtue of a will .
Additional Instances When Accretion May Take Place
If a suspensive condition is not fulfilled (this is a form of
incapacity).
if there is failure to identify one particular heir, devisee, or
legatee (ineffectiveness of institution) but the others can be
identified.
RIGHTS AND EFFECTS

Article 1019. The heirs to whom the portion goes by the right of accretion
take it in the same proportion that they inherit.
Article 1021. Among the compulsory heirs the right of accretion shall take
place only when the free portion is left to two or more of them, or to any
one of them and to a stranger.
Should the part repudiated be the legitime, the other co-heirs shall succeed
to it in their own right, and not by the right of accretion.
Paragraph 2 is an exception to accretion.
PROBLEMS
+D
+A
A had a 360,000 worth of property.

E
In a will, B and C shall receive 100,000 and

200,000 respectively total of 300,000.00 and E
50,000.
F died before A. how much of B and C shall be
provided as a right of accretion?
B shall have 20,000 and C of 30,000 (under
Article 1019)
B 100/300 x 60,000 = 20,000
C 200/300 x 60,000 = 30,000
PROBLEMS
A had a 500,000 worth of property.

+A
In a will, B and C shall receive 200,000 total of

400,000.00 and D 100,000 a friend.
C died before A. how much of B and D shall be
provided as a right of accretion?
B shall have 50,000 and E of 25,000 (under

Article 1021 par 1)
500,000 250,0000 (legitime)
250,0000/2 = 125,000 per child (A&B)
200,000 (on the will) 125,000 (legitime of A) =
75,000 Free portion.
B
200/300 x 75,000 = 50,000
100/300 x 75,000 = 25,000
Article 1020. The heirs to whom the inheritance accrues shall succeed
to all the rights and obligations which the heir who renounced or could
not receive it would have had.
Self Explanatory. Exception is when testator provides otherwise.
EXCEPTIONS
In testamentary succession, if the testator provides otherwise.
Example if with in testamentary succession provides that No accretion
shall take place in any circumstances.
There can be no accretion with respect to the legitime. (Art. 1021 Par 2)
Art. 1022. In testamentary succession, when the right of accretion does
not take place, the vacant portion of the instituted heirs, if no substitute
has been designated, shall pass to the legal heirs of the testator, who
shall receive it with the same charges and obligations.
Alluring gave 10,000 to Barbie and 10,000 to Caterpillar. Barbie and

Caterpie are Alluring gay friends. No substitute was appointed. Saling Pusa,
a sister of the testator, was given nothing. If Caterpie repudiates his share,
who will get it?
Barbie will not get, there being no accretion since there was an earmarking
of share(Art. 1017 par 2). Therefore, Saling Pusa, the sole intestate heir,
gets Caterpies share. (under Art. 1022)

Right of Accretion

Uploaded by

Copyright:

Available Formats

Right of Accretion

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Right of Accretion

Uploaded by

Copyright:

Available Formats

RIGHT OF ACCRETION

Accretion if proper; if not, apply Intestacy.

WHEN RIGHT OF ACCRETION

Under legal succession (Article 1018)

Accretion ,in testamentary succession, is a matter on the

Under the given circumstances is Accretion

B called in a will of A, B died before A.

No, F can represent B.

Article 1023. Accretion shall also take place among devisees,

RIGHTS AND EFFECTS

A had a 360,000 worth of property.

In a will, B and C shall receive 100,000 and

A had a 500,000 worth of property.

In a will, B and C shall receive 200,000 total of

B shall have 50,000 and E of 25,000 (under

200/300 x 75,000 = 50,000

100/300 x 75,000 = 25,000

Alluring gave 10,000 to Barbie and 10,000 to Caterpillar. Barbie and

You might also like