What is the right of accretion?

The right of accretion is a legal concept that refers to the possibility for an heir or legatee to receive the portion of an inheritance or legacy corresponding to another heir or legatee who predeceased the deceased. In other words, if in a testamentary succession two or more persons are designated as heirs or legatees and one of them predeceases the deceased, his or her share will pass to the other heirs or legatees, in proportion to their share in the succession.

The right of accretion applies in cases where the testator has not specifically provided for what will happen to the share of an heir or legatee who predeceases the deceased, and is a way to avoid a gap in the distribution of the inheritance.

It is important to note that the right of accretion only applies in testamentary successions, and not in legal successions where it is governed by the laws of succession of the country concerned. Furthermore, its application may vary according to the laws and regulations of each country.

It is advisable to consult a lawyer specialised in inheritance law for specific advice in case an accretion situation arises in an inheritance, as the process may vary depending on the circumstances and applicable law in each particular case.

How does the right of accretion operate in an inheritance?

The right of accretion operates in an inheritance in the following terms:

1. If in the will there are several designated heirs or legatees, and one of them dies before the deceased, his or her share will be distributed among the other heirs or legatees, in proportion to their share in the estate. In other words, the surviving heirs or legatees will receive the share of the deceased.
2. This right of accretion applies only if the testator has not provided otherwise in the will. In other words, if the will states that the deceased heir's or legatee's share will pass to a specific person, then the provisions of the will apply.
3. In the event that the heirs or legatees designated in the will cannot receive the corresponding share because they predeceased the deceased, then the rule of representation applies. In other words, if the deceased heir or legatee had children, they will receive the corresponding share that would have been due to the deceased.

When does accretion of inheritance occur?

The right of accretion occurs in an inheritance when one or more of the heirs or legatees named in the will predecease the deceased. In this case, the part of the inheritance or legacy that corresponded to the deceased heir or legatee passes to the other heirs or legatees designated in the will, in proportion to their share in the succession.

It is important to note that the right of accretion only applies in cases of testamentary succession, and not in legal successions where it is governed by the laws of succession of the country concerned. Furthermore, its application may vary according to the laws and regulations of each country.

Requirements for the right of accretion to exist

The following requirements must be fulfilled for the right of accretion to arise in an inheritance:

1. Existence of a will: The right of accretion only applies in cases of testamentary successions, i.e. when the deceased has left a will in which the heirs or legatees are designated.
2. Plurimity of heirs or legatees: The right of accretion arises when several heirs or legatees are designated in the will, and one or more of them predecease the deceased.
3. Absence of contrary provision in the will: The testator may state in the will that the share of the deceased heir or legatee shall pass to another specific person. In this case, the right of accretion does not apply.
4. Capacity to receive: The heirs or legatees designated in the will must have capacity to receive the corresponding share of the inheritance or legacy.

It is important to bear in mind that the requirements for the right of accretion may vary according to the laws and regulations of each country, so it is advisable to consult the applicable legislation in each particular case.