Grandchildren’s Inheritance Rights to a Grandparents’ House in the Philippines
A comprehensive doctrinal overview
1. Introduction
Filipino families often assume that a grandchild will “automatically” receive a share of the ancestral home. In reality, a grandchild’s right to the house depends on (a) the mode of succession (with or without a will), (b) whether the parent through whom the grandchild is related is still alive, (c) the marital property regime of the grandparents, and (d) the legitimacy or filiation of the descendants. This article walks through every relevant rule found in the Civil Code of the Philippines, the Family Code, subsequent statutes, and leading Supreme Court decisions.
Caveat – This is general information, not legal advice. Always consult counsel for your specific facts.
2. The Governing Sources
| Instrument | Key Provisions on Descendants |
|---|---|
| Civil Code (Arts. 960–1116) | Rules on legitimes, intestate order, representation, collation, reserva troncal |
| Family Code (E.O. No. 209, 1987) | Property regimes of spouses; equalization of legitimate & illegitimate filiation |
| R.A. 9858 & R.A. 11222 | Legitimation by subsequent marriage; administrative adoption |
| NIRC, as amended | Estate-tax obligations and deadlines |
| Rules of Court (Rule 73 et seq.) | Probate & intestate settlement procedure |
| Leading cases | Aznar v. Garcia (G.R. L-16749, 1961), Heirs of Malate v. Gamboa (G.R. 223782, 2022), etc. |
3. First Question: Is There a Will?
| Scenario | What happens to the house? |
|---|---|
| Grandparent left a valid will | The house is distributed as the will directs, subject to the legitimes of compulsory heirs. Grandchildren become compulsory heirs only if they represent a pre-deceased child (Art. 887[2]). |
| No will / will is void (intestate) | Succession follows the legal order in Art. 960 ff. Grandchildren inherit by right of representation if their parent is already dead (Art. 970, 971). |
4. Compulsory-Heir Structure
- Legitimate children & their descendants
- Legitimate parents & ascendants
- Surviving spouse
- Illegitimate children & their descendants
- Collateral relatives (brothers/sisters, nephews/nieces)
- The State
A surviving descendant (child or grandchild) excludes more remote ascendants. Grandchildren fall in Tier 1 only through representation—never concurrently with their living parent.
5. The Right of Representation (Arts. 970–977)
| Element | Explanation |
|---|---|
| Person represented | The grandchild “steps into the shoes” of a pre-deceased son or daughter of the decedent. |
| Per stirpes | The group of grandchildren collectively take only the share their parent would have received. Sub-division among them is by heads. |
| Limit | Representation works only in the direct descending line and never of a living heir. If the parent survives, grandchildren get nothing, barring a devise in a will or a donation. |
Example • Lola owns a house worth ₱6 M. She has three children: Ana (alive), Ben (died 2019, left Cora & Dan), and Elise (died childless). – Intestate: Ana gets ₱3 M (½). Cora and Dan together get Ben’s would-be ₱3 M share, i.e., ₱1.5 M each. Elise’s line is extinct.
6. Legitimes When a Will Exists
| Estate Configuration | Legitime (forced portion) |
|---|---|
| Only legitimate descendants | ½ of estate reserved for them. Free portion = ½. |
| Legitimate descendants + spouse | Descendants: ½. Spouse: ¼ (equal to a legitimate child). Free portion: ¼. |
| Illegitimate grandchildren | Now treated at ½ share of legitimate (Art. 895, as amended by F-Code & jurisprudence). |
Because a house is immovable, the testator cannot give it entirely to someone else if doing so would impair the legitime. The grandchildren may demand reduction of the devise or partition in kind.
7. Marital Property Regime of the Grandparents
| Marriage Date | Default Regime | Practical Effect on the House |
|---|---|---|
| On/after 3 Aug 1988 | Absolute Community of Property (ACP) | House belongs jointly to both spouses unless proved as exclusive. Only the decedent’s ½ share enters estate; the surviving spouse keeps the other ½ plus inherits again on top. |
| Before 3 Aug 1988 (no marriage settlement) | Conjugal Partnership of Gains (CPG) | House acquired during marriage is conjugal; rules similar re ½ share. |
| With separation of property | As stipulated in prenuptial agreement | Only the decedent’s exclusive interest is in the estate. |
Thus, grandchildren must first determine whether the entire house or only an undivided portion forms part of the decedent-grandparent’s net estate.
8. Special Doctrines Affecting Real Property
| Doctrine | When Relevant to Grandchildren |
|---|---|
| Collation (Arts. 1061–1077) | Past donations by the grandparent to their child (the grandchild’s parent) are added back when computing legitimes. |
| Reserva troncal (Art. 891) | If the parent acquired the house from grandparent and then dies, the house may return (“revert”) to the grandparent’s other descendants, including grandchildren from another line. |
| Preterition (Art. 854) | Omission of compulsory grandchildren in a will (when representing) annuls the institution of heirs but preserves devises if legitimes are satisfied. |
9. Procedure for Taking Over the House
- Settlement Method Extrajudicial (if heirs are of age & agree) or Judicial (probate/intestate).
- Estate–Tax Return — File within one year from death (NIRC §90).
- Partition / Deed of Extrajudicial Settlement (Public Instrument).
- BIR eCAR & Transfer Taxes.
- Registration with Registry of Deeds ⇒ New TCT/CCT naming the heirs pro-indiviso until actual physical division or sale.
10. Practical Q&A
| Question | Short Answer |
|---|---|
| Can living grandparents “skip” their children and deed the house straight to a favorite grandchild? | Yes by donation inter vivos or by will—but only if the net value of remaining free portion is enough; otherwise the children may demand reduction. |
| Does an adopted grandchild share like a blood grandchild? | Yes. Adoption creates a legitimate filiation (F-Code Art. 189; DSWD adoption laws). |
| Do illegitimate grandchildren inherit from legitimate grandparents? | Yes, at ½ the share of each legitimate grandchild, and still only by representation of their deceased parent. |
| What if the deceased grandchild’s parent was also illegitimate? | Representation is allowed because the barrier between legitimate and illegitimate lines has been removed (Heirs of Don Remedios doctrine, 2021). |
| Can a grandchild contest a subsequent sale of the house by the surviving grandmother? | Only if the house was exclusively owned by the deceased grandfather and title was already settled in favor of the heirs. Otherwise, the surviving spouse is still an owner or administrator. |
11. Checklist for Grandchildren Claiming the House
- Secure Death Certificate and certified TCT.
- Verify parent’s status (alive or pre-deceased).
- Identify marital regime of the grandparents.
- Collect documents proving filiation (birth certificates, adoption decree).
- Compute legitimes & estate value (with accountant/lawyer).
- Choose settlement route; draft deed or petition.
- Pay estate & transfer taxes.
- Register new title or annotate heirs’ lien if partition deferred.
12. Conclusion
A grandchild’s stake in a grandparent’s house is never automatic; it is a derivative right that activates only through representation and only when superior heirs are absent or waived. Knowing the interplay of legitimes, property regimes, and procedural steps allows families to plan early—avoiding friction and preserving that most sentimental of assets, the ancestral home.
Disclaimer: This article reflects the law in force as of June 13 2025 and omits pending bills or localized ordinances. For tailor-fit advice, consult a Philippine estate-planning practitioner.