The right of accretion

The right of accretion "A series of tragedies fell upon my wife and her family last year. After years of struggling in the hospital, my wife passed away. A few months after her death, her brother perished in a vehicular accident. Sometime this year, we found out that my brother-in-law left a last will and testament. After going over his last will, I found out that he named my wife and I as recipients of his land in the province. However, his last will did not describe the manner of which we would share the land. Is my understanding correct that since my wife is already gone, I can claim the whole land, which we were supposed to share, for myself? ArturoDear Arturo, It appears that you and your wife were called to receive an undivided land as an inheritance from the last will of your brother-in-law, who died after your wife’s passing. To answer your query based on these details, we may look at the concept of accretion in testamentary succession as provided by the Civil Code of the Philippines.According to Articles 1015 and 1016 of the said code: “Article 1015. 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. (n)“Article 1016. In order that the right of accretion may take place in a testamentary succession, it shall be necessary: (1) That two or more persons be called to the same inheritance, or to the same portion thereof, pro indiviso and (2) That one of the persons thus called die before the testator, or renounce the inheritance, or be incapacitated to receive it. (928a)” These provisions on accretion are applicable in your situation. Since you and your wife were named in the last will of your brother-in-law as recipients of his undivided land, this makes the two of you as co-devisees. Since your co-devisee wife died before your testator brother-in-law, it appears that your situation complies with the second requirement for accretion as specified in Article 1016 of the same code. From this, it is clear that accretion is appropriate in the inheritance that you and your wife should receive from your brother-in-law’s last will and testament.Thus, you are entitled to get the share of your wife as part of your own share. As stated in another provision in the Civil Code:“Article 1020. The heirs to whom the inheritance accrues shall succeed to all the rights and obligations, which the heir who renounced or could not receive it would have had. (984)”This opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/