Define: Jus Accrescendi

Jus accrescendi, also known as the right of survivorship, is a legal principle that applies to joint ownership of property. It states that if one co-owner dies, their share automatically passes to the surviving co-owner(s).

No, jus accrescendi typically applies to joint tenancy and tenancy by the entirety, but not to tenancy in common. In tenancy in common, each co-owner has a distinct and separate share that can be passed on to their heirs upon death.

Yes, the right of survivorship can be overridden by a will. If a co-owner explicitly states in their will that their share should not pass to the surviving co-owner(s), then the property will be distributed according to the instructions in the will.

Jus accrescendi is automatic in joint tenancy and tenancy by the entirety. It does not require specific language in the ownership agreement, as long as the co-owners meet the requirements for these types of ownership.

Yes, jus accrescendi can be terminated or revoked if the co-owners mutually agree to do so. They can modify their ownership agreement to remove the right of survivorship and convert the ownership to tenancy in common.

If there are multiple surviving co-owners, the share of the deceased co-owner will be divided equally among the remaining co-owners. Each surviving co-owner will then have an increased share of the property.

Jus accrescendi primarily applies to real property, such as land and buildings. However, it can also apply to certain types of personal property, such as joint bank accounts or joint investments, depending on the jurisdiction and specific circumstances.

In some cases, jus accrescendi can be challenged in court if there are allegations of fraud, undue influence, or lack of capacity when the ownership agreement was established. However, such challenges can be complex and require strong evidence to succeed.

In joint tenancy and tenancy by the entirety, a co-owner cannot unilaterally sell their share without the consent of the other co-owner(s). The right of survivorship ensures that the property remains intact until the death of all co-owners.

Jus accrescendi can have significant implications for estate planning. It allows property to pass directly to the surviving co-owner(s) without going through probate, which can simplify the distribution process. However, it is important to consider the potential tax consequences and ensure that the intended beneficiaries are properly accounted for in the estate plan.