The substitution
and the
right of accretion

The substitution 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 such cases, a substitute can be named, for any one of the previous cases or for all of them. Unless otherwise stated, the substitute will inherit in all such 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 this to occur, the inheritors must be named jointly, without any special distribution of assets or any difference in the size of share being specified. The expression by half, by equal shares or anything similar, 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 successor will be called.

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