Civil Code, Article 1023 — Accretion for Legatees and Usufructuaries

What this article means

Accretion also takes place among devisees, legatees and usufructuaries, under the same conditions established for heirs.

Accretion in this context refers to the mechanism by which a share left to one devisee, legatee, or usufructuary — who is unable or unwilling to take it — passes to the co-devisees, co-legatees, or co-usufructuaries named together with him in the same disposition, rather than falling into intestacy. For example, if a will leaves a house jointly to two legatees and one predeceases the testator without leaving descendants who could represent him, that legatee's share ordinarily accretes to the surviving co-legatee. Article 1022 sets the limits on when this accretion can take place.

Questions about this provision

• Does the right of accretion apply to legatees and usufructuaries too, not just heirs?

Related provisions

• Article 1022 — When Accretion Does Not Apply.
• Article 1024 — Who May Succeed.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.