Accretion is a right by which, when one of several heirs called to the same inheritance cannot or does not take their portion, that vacant portion is added to the shares of the co-heirs. For accretion to operate in testamentary succession, two requisites must generally concur: the heirs must be called to the same inheritance (or the same portion) without a specified share (pro indiviso), and one of them dies before the testator, renounces, or is incapacitated, leaving their portion vacant. If accretion does not apply — for example because shares were specifically assigned — the vacant portion generally passes by intestate succession to the legal heirs, or to substitutes if the will provided for them. In the legitime, the rules on representation and the reserved portions take precedence over accretion.
When several heirs are called together and one drops out, what happens to the empty share? Sometimes it grows the shares of the others — that is accretion.
What Accretion Is
Accretion is the right by which, when one of several heirs (or legatees/devisees) called to the same inheritance cannot or does not take their portion, that vacant portion is added to the shares of the co-heirs. Instead of the empty share going elsewhere, it accrues to those who share the calling.
The Requisites (in Testamentary Succession)
For accretion to operate under a will, two things generally must concur:
- A common calling — two or more persons are called to the same inheritance or the same portion without a special designation of shares (they are instituted pro indiviso, i.e., without dividing the portion among them); and
- A vacancy — one of them predeceases the testator, renounces the inheritance, or is incapacitated to succeed, leaving their portion open.
When both are present, the vacant portion accrues to the others called with them.
When Accretion Does NOT Apply
Accretion is defeated where:
- The testator assigned specific shares to each heir (each has a defined portion, so there is no common undivided calling); or
- The testator provided for substitution — naming a substitute to take a vacant share, which takes priority.
In those cases, the vacant portion goes to the substitute (if any) or otherwise passes by intestate succession to the legal heirs.
Order of Preference
When a portion becomes vacant, the general order is:
- First, to any substitute the will designated;
- Then, by representation where the law allows it (especially in the legitime);
- Then, by accretion if its requisites are met; and
- Finally, by intestate succession to the legal heirs.
The Legitime
In the legitime (the reserved portion for compulsory heirs), the rules on representation and the reserved shares generally take precedence — accretion mainly plays out in the free portion and in the interplay the Civil Code specifies.
Practical Takeaways
- Accretion adds a vacant share to the co-heirs called to the same undivided portion;
- It needs a common calling (no assigned shares) and a vacancy (predecease, renunciation, or incapacity);
- If specific shares were assigned or a substitute named, accretion yields — the share goes to the substitute or by intestacy.
Frequently Asked Questions
What is accretion in succession? It is the right by which, when one of several heirs called to the same inheritance cannot or does not take their portion, that vacant portion is added to the shares of the co-heirs.
What are the requisites for accretion? In testamentary succession, two must concur: the heirs are called to the same inheritance or portion without a specified share (pro indiviso), and one of them predeceases, renounces, or is incapacitated, leaving the portion vacant.
When does accretion not apply? When the testator assigned specific shares to each heir, or provided for a substitute. In those cases the vacant portion goes to the substitute or passes by intestate succession to the legal heirs.
What is the order when a share becomes vacant? Generally: first to any substitute named in the will, then by representation where the law allows, then by accretion if its requisites are met, and finally by intestate succession to the legal heirs.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.