
When writing a professional email, you read over your sentence, and doubt sets in: should you write “aillant droit à une indemnité” or “ayant droit à une indemnité”? In the vast majority of cases, the correct form is “ayant”, the present participle of the verb avoir. The other spelling, “aillant,” does indeed exist in French, but it comes from a completely different verb and almost never corresponds to what we mean.
The verb ailler: when “aillant” really has its place
Most articles on the subject start by explaining “ayant.” We will tackle the problem from the other end because it is “aillant” that creates confusion, and understanding where it comes from settles the question once and for all.
“Aillant” is the present participle of the verb ailler, which means to season with garlic. We encounter it in very specific culinary contexts: “aillant le gigot avant de l’enfourner.” Outside of a recipe or a gastronomic text, this form has no reason to appear.
If you want to learn more about aillant or ayant to deepen the distinction, keep this quick filter in mind: if your sentence has nothing to do with garlic or cooking, “aillant” is a mistake.
Ayant: present participle of the verb avoir and its common uses
“Ayant” is related to the verb avoir. We find it in three concrete situations that we encounter daily, in administrative correspondence as well as in a work report.

- Simple present participle: “ayant besoin d’un justificatif, il a contacté la mairie.” It can be replaced by “comme il avait besoin” to check.
- Compound participle (ayant + past participle): “ayant terminé son contrat, elle a déposé un dossier.” This structure expresses an action completed before the main action.
- Gerund (en ayant): “en ayant préparé ses documents à l’avance, on évite les allers-retours.” The “en” before “ayant” confirms that we are indeed on the verb avoir.
These three constructions cover almost all cases where one hesitates. None of them are related to the verb ailler, so none take the spelling “aillant.”
Substitution test: the method that works every time
Rather than an abstract rule to memorize, we can use a replacement test directly in the sentence. This is the most reliable method when writing quickly and not having time to open a dictionary.
Replace with “qui a” or “parce qu’il a”
Let’s take the sentence: “Le salarié [ayant/aillant] trois ans d’ancienneté bénéficie d’une prime.” We replace the dubious word with “qui a”: “Le salarié qui a trois ans d’ancienneté bénéficie d’une prime.” The sentence works perfectly. We are on the verb avoir, so we write “ayant” with a y.
The garlic test
If the replacement with “qui a” does not work and the sentence concerns seasoning, then we can consider “aillant.” For example: “Le cuisinier aillant la sauce avant le service” cannot be replaced by “qui a la sauce.” We are indeed on the verb ailler. This case remains rare outside a culinary context.
The test takes five seconds and clears up the doubt every time. With a bit of practice, you won’t even need to mentally rephrase: the reflex sets in.
Ayant droit, ayant cause: the fixed expressions to know
The word “ayant” is part of several legal and administrative terms. These are fixed expressions, and their spelling never varies.
“Ayant droit” refers to a person who holds a right due to their situation (heir, beneficiary of an insurance policy, family member linked to a social security insured). In the plural, we write “ayants droit.” You will never encounter “aillant droit” in a correct legal text.
“Ayant cause” follows the same logic: it refers to the person who has received a right from another person. These two expressions always take a y, because they derive from the verb avoir.
In a health document, labor law, or inheritance, “ayant” appears constantly. Writing “aillant” in this context is a visible mistake that can harm the credibility of a letter or file.

Why the confusion persists between aillant and ayant
Pronunciation is the first trap. Orally, “ayant” and “aillant” sound similar enough that the brain hesitates when it comes to transcribing. The sound “ay” and the sound “aille” are close, especially when speaking quickly.
The second factor is the rarity of the verb ailler. Since we almost never encounter it, we do not know it exists, and we may believe that “aillant” is an acceptable spelling variant of “ayant.” However, these are two distinct verbs with two meanings that have nothing in common.
One last point that complicates matters: automatic spell checkers do not always flag “aillant” as an error, since the word exists in the dictionary. The spell checker validates the form without checking the context, which allows the mistake to slip through in an email or document.
The most reliable method remains the substitution test described above. Neither visual memory nor the spell checker is as reliable as a verification by the meaning of the sentence. By getting into the habit of replacing with “qui a,” you anchor the right reflex, and the question no longer arises.