Right of Accretion

The substitute and the right of accretion

The testator may predict that the named inheritor does not exist at the time of the opening of the succession, or that he or she does not want or can not accept the inheritance.

In that case, a substitute can be named, for one of the previous cases or for all of them. If nothing is stated the substitute will inherit in all these cases.

If no substitute is named but there are inheritors, other than the one who does not exist, does not want or can not accept, they will inherit the share of this one, by right of accretion. For that to occur the inheritors must be named jointly, without a special distribution of assets or a different size of share. The expression by half, by equal shares or something like that, does not exclude the right of accretion.

If there is a substitute named, no right of accretion will take place, but the testator can order in another way.

If there is no substitute and the right of accretion will not take place, the legal inheritor will be called.

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