KembaraXtra - Legal Terms - Right of Survivorship (Jus Accrescendi)

The right of survivorship, also known by the Latin term jus accrescendi, is the principle that applies to jointly owned property whereby the surviving joint owner automatically acquires the deceased owner’s interest. The transfer occurs immediately upon death by operation of law. It is one of the defining characteristics of a joint tenancy. The deceased’s share does not pass under a will or intestacy. Ownership simply vests in the surviving joint tenant or tenants.

The doctrine applies only where property is held as a joint tenancy. It does not apply to a tenancy in common because tenants in common own distinct beneficial shares. Those shares form part of the deceased’s estate upon death. Consequently, they pass according to the deceased’s will or the rules of intestacy. The distinction between the two forms of co-ownership is therefore highly significant.

The right of survivorship operates automatically without the need for probate before ownership passes. This makes joint tenancy a popular method of owning family homes. Married couples and civil partners commonly hold property in this way. The survivor becomes the sole legal and beneficial owner where only two joint tenants exist. The process avoids the delay associated with estate administration.

A joint tenancy may be severed before death. Severance converts the beneficial ownership into a tenancy in common while leaving the legal title unchanged. Once severed, the right of survivorship no longer applies to the beneficial interest. Each owner’s share may then be left by will. Proper legal procedures are required to effect severance.

The right of survivorship provides certainty and simplicity in property ownership. It ensures that jointly owned property passes automatically without becoming part of the deceased’s estate. However, it may defeat testamentary intentions if severance has not occurred. Legal advice is often essential when choosing between joint tenancy and tenancy in common. The doctrine remains a cornerstone of co-ownership law.