Legal Definitions - droit d'accroissement

Droit d'accroissement is a principle found in French inheritance law. It describes a situation where, if one of several co-heirs cannot or chooses not to accept their designated share of an inheritance, that share does not become unclaimed or pass to a different, unintended party. Instead, it automatically "grows" or "accrues" to the shares of the other remaining co-heirs, thereby increasing their respective portions of the inheritance.

Here are some examples illustrating how droit d'accroissement applies:

• Example 1: Refusal of Inheritance

  A parent passes away, leaving their estate to be divided equally among their three adult children: Sophie, Marc, and Isabelle. Marc, who is financially secure and wishes to avoid any potential family disputes, formally and legally refuses to accept his one-third share of the inheritance.

  Under the principle of droit d'accroissement, Marc's refused one-third share does not go to waste or revert to the state. Instead, it is divided proportionally between Sophie and Isabelle, increasing their individual shares from one-third to one-half each. They each receive a larger portion of the estate than originally intended, as Marc's share has "accrued" to them.

• Example 2: Heir Legally Unable to Accept

  A will specifies that a valuable art collection should be inherited jointly by two cousins, Pierre and Louise. However, it is later discovered that Pierre had committed a serious act of fraud against the deceased individual shortly before their death. Under specific provisions of French law, such an act can lead to "indignité successorale," legally disqualifying Pierre from inheriting.

  Because Pierre is legally deemed unable to accept his share due to his disqualification, his portion of the art collection accrues to Louise. Consequently, Louise inherits the entire art collection, rather than just her original half, as Pierre's share has "grown" into hers.

• Example 3: Missing Heir

  An elderly aunt dies, leaving her substantial financial assets to her two nieces, Clara and Élodie, in equal shares. Clara, however, has been living abroad for many years, and despite diligent efforts by the family and legal representatives, her current whereabouts cannot be determined, making it impossible for her to be notified or to accept her inheritance.

  In this situation, due to Clara's inability to accept her share because she cannot be located, the principle of droit d'accroissement would apply. Élodie's share would be increased to include Clara's portion, meaning Élodie would inherit the entirety of the financial assets, as Clara's share has "accrued" to her.