Do Grandchildren Inherit From Their Grandparents in the Philippines?

Representation and Intestate Succession — What Every Family Should Know

Short answer: Yes—grandchildren can inherit from their grandparents in the Philippines. How much (and how) depends on whether there’s a will, who is alive at the time of death, and the rules on representation and compulsory heirs under the Civil Code and the Family Code.

1) Core ideas to grasp

Succession is how a person’s property passes at death—either testate (with a valid will) or intestate (no will, or the will doesn’t cover everything).

Compulsory heirs have “reserved” shares called legitimes that the decedent cannot take away except for legally valid disinheritance. In broad strokes:

Legitimate children and other direct descendants (which includes grandchildren and great-grandchildren)
Surviving spouse
Illegitimate children (with distinct legitime rules)
Legitimate parents and other ascendants (only if there are no descendants)

Representation is a legal fiction that lets a descendant step into the shoes of an earlier generation who cannot inherit (e.g., because they died earlier). This is what most people mean by “the apo inheriting the share of their late parent.”

2) When (and how) grandchildren inherit

A. If there is a will (testate succession)

Grandchildren as descendants/compulsory heirs.
- If any child of the grandparent is alive, that child and the children of any predeceased child (i.e., grandchildren) together make up the class of descendants.
- The legitime of descendants is ½ of the net estate, divided per stirpes (by branches). The free portion (the other ½) may be disposed of in the will, but not in a way that impairs legitimes.
Representation applies.
- Grandchildren represent their predeceased/disinherited/unworthy parent within the direct descending line.
- Within each branch, the grandchildren divide their represented parent’s share among themselves.
Surviving spouse concurs with descendants.
- The spouse has a legitime equal to the legitime of one legitimate child when concurring with legitimate descendants. This affects how the ½ legitime of descendants and the spouse’s own legitime are computed against the estate and the free portion.
Disinheritance of a child.
- If a child is validly disinherited for a legal cause, that child’s own children (the grandkids) generally still represent and receive the share the disinherited parent would have taken (subject to the exact cause and formalities of disinheritance).

B. If there is no will (intestate succession)

Order and method of distribution are key:

Descendants come first.
- If the decedent leaves children, they inherit in equal shares.
- If a child is already deceased, that child’s children (the grandchildren) inherit by representation, dividing their parent’s share among themselves (per stirpes).
If there are no children, but there are grandchildren:
- If all grandchildren are in the same degree (e.g., everyone is a grandchild and no child is alive), they inherit in their own right and per capita (equally), not by representation.
- If grandchildren are in unequal degrees (some great-grandchildren are also present), representation applies down the line among the different branches.
Surviving spouse in intestacy.
- With legitimate descendants, the surviving spouse inherits in equal share with each legitimate child; where grandchildren represent, each branch is treated as a “child” for this purpose when counting shares. (Illustrations below.)
If there are no descendants at all:
- The estate goes to ascendants and/or the surviving spouse, then collateral relatives, then the State, in that order.

3) How representation actually works (stirpes vs. capita)

Per stirpes (by branch): Used when some heirs are in different degrees of relationship (e.g., a living child and, from a deceased child, grandchildren). You first divide by branches (each child = 1 branch); then subdivide within a branch.
Per capita (by head): Used when all heirs are in the same degree (e.g., only grandchildren, because all children have predeceased). Everyone gets an equal share.

4) Practical share computations (plain-English examples)

Assume: Net estate = ₱12,000,000; no debts/expenses left; ignore taxes for simplicity.

Example 1 — Intestate; heirs: 1 living child (A), and 2 grandchildren from deceased child (B1, B2)

Branches:
- Branch of A → 1 share
- Branch of B → 1 share, split between B1 and B2
Distribution (per stirpes):
- A = ₱6,000,000
- B1 = ₱3,000,000
- B2 = ₱3,000,000

With a surviving spouse (S): Spouse shares like a child.

Branches now: A (1), B (1), S (treated like 1) → 3 equal shares
A = ₱4,000,000; B-branch = ₱4,000,000 → B1 = ₱2,000,000; B2 = ₱2,000,000; S = ₱4,000,000.

Example 2 — Intestate; no children alive; 4 grandchildren (all in the same degree)

Per capita:
- Each grandchild = ₱3,000,000 (₱12M ÷ 4)

If a spouse (S) survives: Spouse shares like one child.

Now 5 “heads” (4 grandchildren + spouse):
- Each grandchild = ₱2,400,000; S = ₱2,400,000.

Example 3 — Testate; will tries to give everything to a friend; heirs: 2 grandchildren representing a deceased child, plus spouse

Legitime of legitimate descendants = ½ of estate (₱6,000,000), allotted per stirpes to the branch of the deceased child → B1 and B2 split ₱6,000,000 (₱3M each).
Spouse’s legitime (with legitimate descendants) ≈ the legitime of one child, which must also come from the estate (it burdens the free portion first, but can reduce testamentary gifts if needed).
The free portion is whatever remains after preserving legitimes. If the friend’s legacy intrudes, it’s reduced to respect legitimes.

Key takeaway: A will cannot override the legitime of descendants and the spouse. Grandchildren who represent are part of the descendants’ class and are protected.

5) Special situations

A. Disinheritance, predecease, unworthiness, or incapacity

Triggers representation. If a child predeceases, is disinherited for a legal cause with proper form, or is unworthy/incapacitated, that child’s own children step into their place and take that branch’s share.

B. Mixtures of legitimate and illegitimate descendants

Philippine law historically distinguishes legitimate and illegitimate children for legitime computations (e.g., the classic rule that an illegitimate child’s legitime is a fraction of a legitimate child’s legitime).
In representation, focus on (1) are we in the direct descending line? and (2) is representation allowed between these specific relatives?
Important caveat: There has long been a barrier (often called the “iron curtain rule”) restricting intestate succession between an illegitimate child and the legitimate relatives of their parent (e.g., between an illegitimate grandchild and a legitimate grandparent). Recent legal discussions and cases have questioned or re-examined this doctrine. Because these developments are jurisprudential and technical, get case-specific advice to confirm how current courts are applying it in scenarios like “illegitimate grandchild vs. legitimate grandparent.”

C. Adoption

An adopted child is generally deemed a legitimate child of the adopter, with full successional rights.
Grandchildren of an adopter who are descendants through an adopted child can represent in the adopter’s estate; they are in the direct descending line via the adoptive link.
Adoption typically severs legal ties with the biological family for succession, so be careful about claims based on the pre-adoption line unless a statute or decree preserves a specific exception.

D. Preterition (omission in a will)

Omitting a compulsory heir in the direct line (like children or grandchildren who represent) can annul or reduce testamentary dispositions. This often results in intestate rules applying to some or all of the estate despite the will.

E. Advances/Donations and collation

Gifts inter vivos made to children or grandchildren may be collated (brought into the mass of the estate) to compute legitimes and ensure equality within each branch. This can materially change what a grandchild finally receives.

6) Step-by-step checklist for families

Identify heirs, by degree and branch
- Who are the living children?
- For each deceased child, list their children (the grandchildren).
- Note any great-grandchildren if their parent (a grandchild) also predeceased.
Confirm civil status and filiation
- Birth certificates (PSA), marriage certificates, adoption decrees, acknowledgment documents.
- For contested filiation, consider legal action (e.g., DNA evidence in a court proceeding).
Check for a will
- If one exists: verify formal validity and ensure legitimes are preserved; watch out for preterition and needed reductions of excessive legacies.
Apply representation correctly
- Use per stirpes when branches of different degrees are involved.
- Use per capita when all heirs in play are in the same degree (e.g., only grandchildren).
Account for the surviving spouse
- In both testate and intestate contexts, the spouse’s participation is significant; compute their share alongside the descendants.
Consider collation and reductions
- Inventory past donations/advances to children/grandchildren; these may be added back for equality and legitime calculations.
Finalize partition
- Prepare a project of partition reflecting branches and shares; execute deeds with proper formalities; handle estate taxes and transfer with relevant registries.

7) Quick reference — rules you’ll actually apply at the table

Grandchildren inherit:
- By representation when their parent (a child of the decedent) cannot inherit (predeceased, disinherited, unworthy).
- In their own right (per capita) when no child survives and all grandchildren are in the same degree.
Surviving spouse:
- Intestacy with descendants: spouse gets a share equal to one child.
- With a will: spouse has a legitime that must be preserved and can require reducing gifts to others.
Computation method:
- Per stirpes (by branch) if there’s a mix of degrees.
- Per capita (by head) if everyone is in the same degree.
Caveat on illegitimacy & grandparents:
- The historic “iron curtain” restriction has complicated claims of an illegitimate grandchild against a legitimate grandparent (and vice versa). This area is highly technical and has seen recent judicial attention; treat any such case as one needing tailored legal advice.

8) Frequently asked mini-scenarios

Q: My father died. I’m his only child, but I died before my mother (his spouse). Can my kids inherit from their grandmother? A: They can inherit from your father (their grandfather) by representing you. For your mother’s estate, they inherit as her grandchildren only if they qualify under the intestacy order (typically not while she has living children); with a will, they can be instituted as heirs but must respect any compulsory shares.
Q: Grandpa left a will giving all to a friend. Can grandkids still claim? A: If they represent a predeceased child, they are in the class of descendants; their legitime must be preserved. Gifts to the friend are reduced if they impair legitimes.
Q: Two grandchildren in one branch got big lifetime gifts. Do we equalize? A: Likely yes via collation (subject to exceptions), so that each branch’s share reflects advances previously received.

9) Bottom line

The Philippines protects family lines: grandchildren are part of the descendants’ class and often inherit by representation.
Get three things right: identify branches, apply representation, and preserve legitimes (including the spouse’s share).
Cases involving illegitimacy barriers, adoption, or complex lifetime donations can swing outcomes—these merit case-specific legal advice to apply the latest jurisprudence and the governing statutes to your facts.

Friendly legal note: This article gives a comprehensive overview for orientation and planning. Succession outcomes turn on documents and family histories; when in doubt, consult a Philippine lawyer with your certificates, will (if any), and an estate asset/debt list for precise computations and instruments.