Do Grandchildren Inherit from Grandparents?

Representation and Succession Rules in the Philippines

Executive Summary

Yes—grandchildren can inherit from their grandparents in the Philippines, but how they inherit depends on (a) whether there is a will (testate) or none (intestate), (b) whether their parent (the grandparent’s child) is alive, predeceased, disqualified, or has renounced, (c) whether the grandchildren are legitimate, illegitimate, or adopted, and (d) special rules like the “iron curtain” bar between legitimate and illegitimate relatives. The core mechanism is succession by representation: grandchildren “step into” their parent’s place and take per stirpes (by branch), not per head.

Below is a complete, practice-oriented guide.

I. Legal Foundations

1) Kinds of succession

Testate succession: the grandparent leaves a valid will, but the law still protects the legitime of compulsory heirs.
Intestate succession: no will (or the will is void/ineffective as to all or part of the estate). The law fixes the order and shares.

2) Compulsory heirs and legitime (core ideas)

Compulsory heirs in the direct descending line (children and further descendants) are protected: at least ½ of the estate (the legitime) is reserved for them, divided equally among the children, with descendants of a predeceased child taking by representation.
The surviving spouse is also compulsory and, when concurring with legitimate children/descendants, the spouse’s legitime is equal to that of one legitimate child.
Illegitimate children are compulsory heirs; each generally gets a legitime equal to ½ of a legitimate child’s share (unless special newer law otherwise provides).
The remaining free portion may be freely disposed of—subject to rules like collation and reduction if legitimes are impaired.

3) Personality and capacity

An heir must exist at the decedent’s death (a conceived child is deemed born for favorable purposes if later born alive).
A person may inherit directly or by representation. Unworthiness, incapacity, or disinheritance of a parent often opens representation for that parent’s descendants.

II. Representation: The Grandchild Steps Into the Parent’s Shoes

1) When representation applies

Representation is a legal fiction allowing descendants to take the place of an intermediate heir (the parent) who:

Predeceased the grandparent;
Is disinherited or incapacitated/unworthy; or
Renounces the inheritance.

It operates in the direct descending line (grandchildren for their parent) and, in the collateral line, only for nephews/nieces of the decedent. There is no representation in the ascending line.

2) Per stirpes, not per capita

All the grandchildren in one branch collectively receive what their parent would have received and then divide that branch share among themselves. This is the per stirpes system.

Example (intestate): Lolo leaves ₱12,000,000. He had three children: A (alive), B (predeceased leaving two kids B1, B2), and C (predeceased leaving C1, C2, C3). The estate is first split into three branches (A, B, C): ₱4M each. A gets ₱4M. Branch B’s ₱4M is split between B1 and B2 (₱2M each). Branch C’s ₱4M is split among C1, C2, C3 (₱1,333,333.33 each).

3) Renunciation and disinheritance

If a child renounces, the child’s descendants may still represent and take that branch share.
If a child is validly disinherited, the child’s descendants generally keep their right to represent for purposes of legitime.

III. With or Without a Will

A) Intestate succession (no will)

Children alive?
- If yes, grandchildren inherit only by representation of a predeceased/disqualified/renouncing parent.
- If no children survive, grandchildren (and further descendants) take in their own right, still per stirpes by branches.
Surviving spouse present?
- The spouse shares together with descendants. In intestacy with descendants, the spouse’s share is in co-ownership and computed via the statutory scheme (often mirroring the will-with-descendants pattern in effect).
No descendants at all?
- The estate moves up to ascendants, then to collaterals (siblings, nephews/nieces), then to the State—so grandchildren disappear from the picture only because there are no descendants.

B) Testate succession (with a will)

Legitime still protected
- Even with a will, legitimate children and descendants (including those by representation) are entitled collectively to ½ of the estate. Grandchildren representing a predeceased child take that child’s legitime share within the ½.
Free portion
- The testator may give the free portion to anyone, including some grandchildren to the exclusion of others—but if that would impair a compulsory heir’s legitime, the law reduces such dispositions.
Substitution vs representation
- A will can name substitute beneficiaries for instituted heirs. Representation is by law; substitution is by the testator. Both can appear in the same case, but representation for legitimes still operates despite substitutions that would otherwise deprive compulsory heirs.

IV. Key Limits: The “Iron Curtain” Rule (Article 992)

A distinctive Philippine rule bars intestate succession between an illegitimate person and the legitimate relatives of his/her parents, and vice versa. This is known as the “iron curtain” rule.

Practical effects on grandchildren:

An illegitimate grandchild generally cannot inherit intestate from a legitimate grandparent through his legitimate parent via representation; the bar is between the illegitimate and the grandparent, notwithstanding the legitimate link through the parent.
Conversely, a legitimate grandchild cannot inherit intestate from an illegitimate grandparent as a legitimate relative barred by the same provision.

Important nuance:

The iron curtain is a bar to intestate succession between those categories. It does not stop the grandparent from making a valid will in favor of such grandchild out of the free portion, nor does it stop inter vivos donations (still subject to legitime, donation caps, and formalities).

V. Illegitimacy, Adoption, and Assisted Reproduction

1) Illegitimate descendants

Compulsory heirs: Illegitimate children (and further descendants in their line) are compulsory heirs of their parent, with a legitime typically ½ of a legitimate child’s share when concurring.
Iron curtain applies vis-à-vis the grandparent and other legitimate relatives of the parent, for intestacy.

2) Adopted children and their descendants

An adopted child is generally deemed a legitimate child of the adopter(s), with full successional rights in the adoptive family.
This status extends down the line: the adopted child’s children are the adoptive grandparents’ descendants through that line for purposes of representation.
Adoption usually severs legal ties with the biological family for succession (subject to limited statutory exceptions).

3) Children conceived via assisted reproduction

If filial ties are validly established (e.g., within marriage or per applicable statutes on filiation/acknowledgment), the child is a descendant for succession; representation follows the same rules.

VI. How Shares Are Computed

1) With legitimate descendants and a surviving spouse (simple pattern)

Legitime of descendants: ½ of the estate, divided equally per stirpes among children and representing grandchildren.
Legitime of spouse: equal to the share of one legitimate child.
Free portion: the remaining ½ (subject to reduction if legitimes are impaired).

Example (testate; one child A alive, child B predeceased with two kids B1, B2; spouse S survives; estate ₱12,000,000):

Descendants’ legitime = ₱6,000,000.

Branch A = ₱3,000,000 (to A).

Branch B = ₱3,000,000 (₱1,500,000 each to B1 and B2).

Spouse’s legitime = equal to one child’s share in the legitime context: here ₱3,000,000.

Free portion = ₱12,000,000 − ₱6,000,000 − ₱3,000,000 = ₱3,000,000 (disposable by will).

If there is no will (intestate), the law allocates shares co-equally among children (with representation) and gives the spouse the share prescribed by statute (which, in effect, tracks the “equal to one child” pattern when concurring with legitimate descendants).

2) With illegitimate descendants and a surviving spouse

When both legitimate and illegitimate descendants concur, computations get technical:
- Each illegitimate child typically takes ½ of a legitimate child’s share from the legitime pool.
- The spouse’s legitime adjusts per concurrence rules.
Always compute per stirpes first, then apply the ½ ratio for illegitimate descendants, and test whether the free portion suffices or if reduction is required.

3) Representation within a branch

Within a branch, pre-deceased descendant’s personal donations/advancements may be collated and can affect the internal split among representing grandchildren.

VII. Triggers and Proof Issues

Predecease: Proven by death records.
Disinheritance: Must be express, in a will, for a legal cause, with due formalities; otherwise ineffective. Children of a disinherited heir may represent.
Unworthiness/incapacity: Grounds include, e.g., attempting on the life of the decedent, fraud, etc.; if established, representation opens for the unworthy person’s descendants.
Renunciation: Must be express and formal; once effective, representation opens for descendants.
Filiation: For grandchildren to inherit, their filiation to the parent (and thus to the grandparental line) must be established per the Civil Code/Family Code (civil registry, acknowledgment, legitimation/adoption, or judicial action as applicable).
Nasciturus: A conceived grandchild at the time of the grandparent’s death may inherit if later born alive.

VIII. Common Scenarios

Child dies before the grandparent
- Grandchildren take by representation the share their parent would have received (per stirpes).
- If there is a surviving spouse of the grandparent, the spouse receives the spousal share/legitime alongside the descendants.
Child is alive and qualifies
- Grandchildren generally do not inherit (the nearer degree—children—exclude the more remote), unless there is a will giving them from the free portion.
Child renounces
- Renunciation by the child does not eliminate the branch: grandchildren step in and receive the branch share.
Child is disinherited for cause
- Disinheritance is personal; grandchildren preserve their right to represent and receive the branch share (at least in respect of legitime).
Illegitimate grandchild, legitimate grandparent, no will
- The iron curtain bars intestate succession between them; representation cannot pierce this bar.
Adopted line
- An adopted child is a legitimate descendant of the adopter; the adopted child’s children can represent just like biological descendants.

IX. Practical Tips for Families and Counsel

Make a will: If you wish to include specific grandchildren (especially where the iron curtain could bite), use the free portion in a will.
Use clear substitution clauses: Name substitutes in case a child predeceases or renounces, but remember that compulsory heirs’ legitimes still control.
Document filiation early: Ensure birth records, acknowledgment, or adoption decrees are in order to prevent disputes.
Mind donations: Lifetime gifts to children (or to grandchildren) may be subject to collation, affecting later computations.
Evaluate the spouse’s share: The surviving spouse often significantly changes the math; compute before committing to distributions.
Watch the iron curtain: If intestacy would be harsh, estate-plan around it with inter vivos donations and a will (still respecting legitimes).
Consider trusts (where appropriate): While civil-law trusts are less common, lawful structures can manage minors’ shares and provide control without violating legitimes.
Tax and formalities: Estate tax deadlines and documentary requirements are strict—plan with both civil and tax angles in mind.

X. Quick Decision Tree (Intestacy)

Are there descendants?
- Yes → Go to (2).
- No → Estate to ascendants/collaterals per law (grandchildren irrelevant).
Is the decedent’s child alive?
- Yes → Child excludes grandchildren except for any branch where the child is predeceased/disqualified/renounced (representation applies there).
- No → Grandchildren inherit in their own right, per stirpes.
Any iron curtain issue?
- If the heir is illegitimate and the decedent/grandparent is legitimate (or vice versa), intestate succession between them is barred.
Surviving spouse?
- Compute spouse’s share/legitime with the descendants’ shares.

XI. Bottom Line

Grandchildren do inherit from grandparents in the Philippines: either by representation (when their parent in that line cannot inherit) or in their own right (if no children survive).
Shares are computed per stirpes within each branch, always respecting legitimes.
The iron curtain can block intestate inheritance between illegitimate grandchildren and legitimate grandparents (and vice versa); plan around it by will and lawful donations.
Adoption confers full legitimacy in the adoptive line; representation works the same way as in biological lines.
Precision in filiation, formalities, and computations avoids disputes and protects both branches and the surviving spouse.

This article provides a comprehensive framework. For actual distributions, run the numbers with the specific family tree, marital property regime, donations history, and documentary evidence in hand.