The core idea: grandchildren can “step into the shoes” of a deceased parent

In Philippine succession law, a grandchild may inherit the share that would have belonged to the grandchild’s deceased father (or mother) from the grandparent’s estate—but only in specific situations and with important limitations.

The central doctrine is the right of representation: a legal fiction that allows the descendants of an heir to take the place of that heir when the heir cannot inherit.

Two rules frame almost everything in this topic:

Succession opens at death of the decedent (the grandparent). Rights to the inheritance vest at that moment, subject to later settlement.
A grandchild’s claim is usually “per stirpes” (by branch), meaning the grandchildren collectively take only what their deceased parent would have taken, and then divide it among themselves.

2) When do grandchildren inherit a deceased father’s share?

A grandchild inherits the deceased father’s share from the grandparent when:

A. The father predeceased the grandparent (most common)

If the father died before the grandparent, the father obviously cannot inherit. The father’s children (grandchildren) can represent him and take what would have been his share.

B. The father is disinherited

If the grandparent executed a will that validly disinherited the father, the general policy is that the penalty should not automatically extend to the father’s children. In many cases, the father’s legitimate descendants may still take the legitime that would have gone through that line, unless they are also disqualified.

C. The father is incapacitated / unworthy to inherit

If the father is disqualified (e.g., by legal “unworthiness”), representation may allow his descendants to inherit in his stead, depending on the circumstances.

D. The father is missing

This becomes fact-specific. If legally presumed dead under applicable rules and procedures, the effect can mirror “predeceased,” but this typically requires careful handling.

3) When do grandchildren NOT inherit their deceased father’s share?

Even if the father is part of the family line, grandchildren may be blocked when:

A. The father repudiated/renounced the inheritance

A key limitation: representation generally does not apply when the person (the father) was able to inherit but chose to renounce. The law treats repudiation differently from death, disinheritance, or incapacity. In that case, the share is typically redistributed among the remaining heirs under the rules of accretion/intestate distribution.

B. The grandchildren are barred by the “iron curtain” rule (Article 992, Civil Code)

This is the most important “trap” in Philippine intestate succession:

Illegitimate children cannot inherit by intestate succession from the legitimate relatives of their father or mother, and vice versa.

So, where the grandparent is a legitimate relative in relation to the grandchild (e.g., legitimate grandparent) and the grandchild is illegitimate, the grandchild may be barred from inheriting intestate, even if the father was legitimate.

Practical effect:

Legitimate grandchildren commonly inherit by representation.
Illegitimate grandchildren often cannot inherit intestate from a legitimate grandparent because of Article 992.

Important nuance: Article 992 is about intestate (no will) succession. A grandparent can still give by will to an otherwise barred heir—subject to legitimes and other rules.

C. The father is alive at the grandparent’s death

No representation if the father is alive when succession opens. If the father later dies, the grandchildren inherit from their father’s estate, not directly from the grandparent.

4) Intestate succession (no will): how grandchildren take the father’s share

If the grandparent dies without a valid will, the estate is divided under intestate rules.

A. Representation is “by branch,” not “by head”

If the grandparent had, for example, three children (A, B, C), and A died earlier leaving children (A1, A2), then:

A1 and A2 collectively take A’s share, not a full share each equal to B and C.
B and C inherit in their own right.

B. The grandchildren split their parent’s share equally (unless special rules apply)

Within A’s branch, A1 and A2 typically split equally (assuming both are qualified and there are no other complicating factors like differing legitimacy statuses with Article 992 issues).

5) Testamentary succession (with a will): what changes?

A will can reshape distribution—but only within the limits of legitime.

A. Grandchildren may inherit in two different ways

By representation (especially for legitime purposes when a compulsory heir is predeceased/disinherited/incapacitated), and/or
By direct institution (the will names the grandchild as heir/legatee/devisee)

B. The “legitime” constraint matters

In Philippine law, certain heirs are “compulsory heirs” entitled to legitimes (mandatory portions). A will cannot take these away except through valid disinheritance.

In many family setups, legitimate children and legitimate descendants are central compulsory heirs. This is why legitimate grandchildren frequently have enforceable rights when their parent in the direct line is no longer able to inherit.

C. Preterition issues (omitting compulsory heirs)

If a will omits certain compulsory heirs in a way that amounts to “preterition,” the consequence can be severe (often affecting the institution of heirs). Whether a particular grandchild is a compulsory heir of the grandparent depends heavily on legitimacy and the surviving family configuration.

6) Legitimacy is decisive: legitimate vs illegitimate grandchildren

A. Legitimate grandchildren

Generally can inherit by representation from the grandparent if their parent (the grandparent’s child) is predeceased/disinherited/incapacitated.
Commonly protected through legitime concepts when applicable.

B. Illegitimate grandchildren

Here the analysis becomes more technical:

Intestate succession: Article 992 can bar inheritance between illegitimate children and legitimate relatives. This is often invoked to deny illegitimate grandchildren from inheriting from a legitimate grandparent by representation.
Testate succession: A grandparent may still give something by will to an illegitimate grandchild (because Article 992 is an intestate barrier), but the gift must respect legitimes of compulsory heirs.

C. Legitimation and adoption can change the result

Legitimated children (under the rules on legitimation) are generally treated as legitimate, potentially avoiding Article 992 issues.
Adoption generally grants the adoptee rights similar to a legitimate child of the adopter for succession purposes, but extended effects (e.g., across the adopter’s wider bloodline) can be fact-sensitive and should be checked carefully in the specific scenario.

7) Surviving spouse and property regime: the share comes from the “net estate,” not the whole property

Many disputes happen because families compute shares from the wrong base.

If the grandparent was married, you must usually address:

Property regime liquidation (Absolute Community of Property or Conjugal Partnership of Gains, depending on the marriage date and prenuptial agreements)
Separation of:
- The surviving spouse’s share in the community/conjugal property, and
- The decedent’s net estate (the portion that is inherited)

Only the decedent’s net estate is divided among heirs.

8) Worked examples (common situations)

Example 1: Grandparent dies intestate; one child predeceased leaving two legitimate children

Grandparent (G) has children: A, B, C
A died earlier, leaving A1 and A2 (legitimate)
G dies intestate

Result (simplified):

Estate is divided into 3 equal “child shares”: A, B, C
B gets 1/3
C gets 1/3
A’s branch gets 1/3 total → A1 gets 1/6, A2 gets 1/6

Example 2: Same, but A1 and A2 are illegitimate (and G is a legitimate relative)

If Article 992 applies (typical), A1 and A2 may be barred from inheriting intestate from G, even though they are A’s children.

Result:

B and C may take the intestate estate without A’s branch participating, depending on the full family picture and how the iron curtain rule is applied to the exact relationships.

Example 3: There is a will leaving property to an illegitimate grandchild

Article 992 is an intestate rule; a will can provide for an illegitimate grandchild.
But the gift must not impair the legitimes of compulsory heirs (e.g., legitimate children, surviving spouse, etc.), unless valid disinheritance is involved.

9) Documents and proof typically needed

To establish a grandchild’s right to inherit a deceased father’s share, families typically need:

Death certificate of the grandparent
Death certificate of the father (showing father predeceased)
Birth certificate of the grandchild (showing filiation to the father)
Marriage certificates / proof of legitimacy or legitimation if relevant
Proof of property titles and estate inventory
If there is a will: the will itself + probate-related filings

When legitimacy, recognition, legitimation, or adoption is contested, expect the dispute to shift into status/filiation issues.

10) Settlement pathways: extrajudicial vs judicial

A. Extrajudicial settlement

Possible when:

The decedent left no will, and
There are no disputes among heirs, and
All heirs are represented and agree (including guardianship requirements if minors are involved)

Typically includes:

Deed of Extrajudicial Settlement (or Affidavit of Self-Adjudication when appropriate)
Publication requirement
Payment of estate taxes and transfer costs before titles are transferred

B. Judicial settlement / probate

Needed when:

There is a will (probate is generally required), or
There are disputes about heirs, shares, legitimacy, properties, or debts, or
There are missing heirs, minors with conflicts, or complex estates

11) Practical dispute points (and how they’re usually resolved)

“My father died—do I automatically get his share?” Often yes if you are a legitimate descendant and representation applies, but not if repudiation or Article 992 blocks you.
“My lolo promised me property—does that matter?” Promises alone usually do not transfer ownership. Succession follows the Civil Code and formal conveyance rules. A will or valid transfer document matters.
“My titos/titas won’t include us in the settlement.” If you are a rightful heir by representation, exclusion can invalidate or expose the settlement to challenge, and transfers may be attacked.
“Can we claim specific properties (like the family home)?” Heirs generally inherit pro-indiviso (as co-owners) until partition. Specific allocations need agreement or court partition.

12) Bottom-line guide

Grandchildren are most likely entitled to a deceased father’s share when:

Father predeceased the grandparent, and
Grandchildren are legitimate (or otherwise not barred), and
There is no repudiation issue, and
No disqualification applies.

Grandchildren are most likely barred or limited when:

Father renounced the inheritance, or
Grandchildren are illegitimate and the case is intestate with Article 992 blocking, or
There is a will that validly reallocates the estate within legitime limits.

Important note

This is a general legal article for Philippine context. Inheritance outcomes can change drastically based on legitimacy, existence/validity of a will, the marriage property regime, prior donations, estate debts, and family composition. For a concrete distribution and enforceable strategy, a lawyer will typically map the family tree, classify each heir, identify the property regime, and compute legitimes and the free portion.

If you want, share a simple family tree (who died first, who survived, who is legitimate/illegitimate, whether there’s a will, and whether there’s a surviving spouse), and the analysis can be applied to that exact setup.