Legal Definitions - jus accrescendi

Jus accrescendi refers to the legal principle known as the right of survivorship. This right is most commonly associated with a form of property ownership called joint tenancy.

When property is owned in joint tenancy, and one of the co-owners passes away, their share of the property does not go to their heirs or estate through a will or probate. Instead, it automatically and immediately transfers to the surviving joint tenant(s). This means the surviving owner(s) absorb the deceased owner's share, increasing their own ownership interest in the property without any further legal action.

Here are some examples to illustrate jus accrescendi:

• Example 1: Married Couple's Home

  Sarah and Mark own their family home together as joint tenants. If Mark passes away, his half-share of the house does not become part of his estate to be distributed according to his will. Instead, due to jus accrescendi, Mark's share automatically transfers to Sarah. Sarah then becomes the sole owner of the entire property, simplifying the transfer of ownership and avoiding the need for probate regarding Mark's interest in the home.

• Example 2: Joint Bank Account

  Two siblings, Emily and David, have a joint savings account structured with a right of survivorship. If Emily unexpectedly dies, the entire balance of the account automatically becomes David's property. Jus accrescendi ensures that David has immediate and full access to all the funds, bypassing any claims from Emily's estate or heirs.

• Example 3: Investment Property Among Friends

  Three friends, Liam, Noah, and Olivia, jointly purchase a rental condominium as joint tenants. If Noah passes away, his one-third share of the condominium does not go to his family or beneficiaries. Instead, because of jus accrescendi, Noah's share is automatically divided between Liam and Olivia. They each now own 50% of the property, and the ownership structure remains a joint tenancy between the two survivors.