Short answer. Not necessarily — accretion in testamentary succession requires two specific conditions under Articles 1015 and 1016 of the Civil Code: you and the lapsed co-heir must have been called to the same inheritance or portion jointly and undivided, not to separate designated shares. If those conditions are met, accretion happens automatically.

What the law says

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.

Civil Code, Article 1015 — Accretion Defined. Read the full provision →

What accretion is

Accretion is the automatic absorption of a lapsed or renounced share by the other co-heirs who were called to the same inheritance. Article 1015 defines it as the right by which a vacated share is added or incorporated to the shares of the remaining co-heirs. It operates without a separate document or court order — once the triggering event occurs and the conditions are met, the vacant share swells the survivors' portions by operation of law.

The two conditions that must both be present

Article 1016 makes accretion conditional. First, the co-heirs must have been called to the same inheritance, or to the same portion thereof, pro indiviso — that is, jointly and without individual portions being separately carved out. Second, one of those co-heirs must have died before the testator, renounced the inheritance, or been incapacitated to receive it. Both conditions must be satisfied. If the testator gave each heir a specific piece of property — one heir gets the house, another the lot, another the car — those are separate designations, not a joint call to a common inheritance, and accretion does not apply.

When the share does not accrete

If the conditions of Article 1016 are absent, the lapsed share does not automatically go to the other co-heirs. It may instead fall into intestacy and pass according to the legal rules of inheritance, or it may be subject to substitution if the testator named a substitute heir. The testator could also have set up a fideicommissary substitution for exactly this situation. The absence of accretion is not a loss — it simply means the law or the will has another channel for the vacant share.

What to do if you are unsure

Whether your situation triggers accretion depends on exactly how the will worded the bequest. A will that calls three children to inherit 'in equal shares' from a single described property almost certainly creates the joint, pro indiviso call that Article 1016 requires. A will that says 'I give the Quezon City lot to Child A, the Makati condo to Child B, and the Davao farm to Child C' does not — those are three separate devises to three separate persons. Reading the relevant clauses of the will carefully, and comparing them to the Article 1016 requirements, is the starting point for this analysis.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.