Succession and Testament – Accretion

Succession and Testament – Accretion

Art. 946. Devolution of succession rights of successor declared unworthy. A. If the decedent died intestate, when a successor is declared unworthy his succession rights devolve as if he had predeceased the decedent; but if die decedent died testate, then the succession rights devolve in accordance with the provisions for testamentary accretion as if the unworthy successor had predeceased the testator.

B. When the succession rights devolve upon a child of the successor who is declared unworthy, the unworthy successor and the other parent of the child cannot claim a legal usufruct upon the property inherited by their child.

Art. 964. Accretion upon renunciation in intestate successions. The rights of an intestate successor who renounces accrete to those persons who would have succeeded to them if the successor had predeceased the decedent.

Art. 965. Accretion upon renunciation in testate successions. In the absence of a governing testamentary disposition, the rights of a testate successor who renounces accrete to those persons who would have succeeded to them if the legatee had predeceased the decedent.

Art. 1590. Testamentary accretion. Testamentary accretion takes place when a legacy lapses. Accretion takes place according to the testament, or, in the absence of a governing testamentary provision, according to the following Articles.

Art. 1591. Accretion of particular and general legacies. When a particular or a general legacy lapses, accretion takes place in favor of the successor who, under the testament, would have received the thing if the legacy had not been made.

Art. 1592. Accretion among joint legatees. When a legacy to a joint legatee lapses, accretion takes place ratably in favor of the other joint legatees, except as provided in the following Article.

Art. 1593. Exception to rule of testamentary accretion. If a legatee, joint or otherwise, is a child or sibling of the testator, or a descendant of a child or sibling of the testator, then to the extent that the legatee’s interest in the legacy lapses, accretion takes place in favor of his descendants by roots who were in existence at the time of the decedent’s death. The provisions of this Article shall not apply to a legacy that is declared invalid or is declared null for fraud, duress, or undue influence.

Art. 1595. Accretion to universal legatee. All legacies that lapse, and are not disposed of under the preceding Articles, accrete ratably to the universal legatees.When a general legacy is phrased as a residue or balance’ of the estate without specifying that the residue or balance is the remaining fraction or a certain portion of the estate after the other general legacies, even though that is its effect, it shall be treated as a universal legacy for purposes of accretion under this Article.

Art. 1596. Accretion to intestate successors. Any portion of the estate not disposed of under the foregoing rules devolve by intestacy.