Accrual of a legacy (Anwachsung eines Vermächtnisses)

Where the same asset is given to more than one legatee (Vermächtnisnehmer) and one of the legatees ceases to be a legatee his/her share accrues to the remaining legatee and, if there is more than one legatees, in proportion to their shares. This applies even if the testator has specified the shares of the legatees. If some of the persons provided for are entitled to the same share, accrual occurs among these persons first. The testator may exclude the accrual. See § 2158 of the German Civil Code (BGB).