State Act

Portuguese Civil Code, 1867

Article 1854 - Exclusion of right of accretion amongst co-legatees - Amongst the legatees there shall be no right of accretion but, if the bequeathed thing is indivisible, or cannot be divided without deterioration, the co-legatee shall have the option, either to keep the whole, against payment to the heirs of the value of the lapsed portion or to receive from them the value of that which as a matter of right belongs to him, delivering to them the bequeathed thing. § Sole paragraph – If, however, the legacy is encumbered with any obligation, and this lapses, the legatee shall profit from the resulting benefits, if the testator has not stipulated anything to the contrary.