1) Overview: where grandchildren fit in Philippine succession law

Inheritance in the Philippines is primarily governed by the Civil Code provisions on Succession (together with later family-law statutes and special laws that affect legitimacy, filiation, and adoption). A grandchild’s right to inherit depends on (a) whether succession is intestate (no will) or testate (with a will), (b) whether the grandchild is legitimate, illegitimate, or adopted (and the nature of those family ties), (c) whether the grandchild’s parent (the decedent’s child) is alive, predeceased, disqualified, or disinherited, and (d) who else survives the decedent (spouse, children, parents, siblings, etc.).

Two core ideas drive most outcomes:

Compulsory heirship and legitime: Certain heirs are protected by law and must receive a minimum portion of the estate (the legitime).
Right of representation: In specific situations, a descendant (like a grandchild) may step into the place of a child of the decedent and inherit what that child would have inherited.

2) Key definitions you’ll see in practice

a) Decedent, estate, and “opening of succession”

Decedent: the person who died.
Estate: the net property left after debts/charges (subject to rules on collation/advancements).
Succession opens at death. Heirship is determined as of the decedent’s death (who is alive then, who is conceived then, etc.).

b) Testate vs. intestate

Testate succession: the decedent left a valid will.
Intestate succession: no will, or the will does not effectively dispose of some or all property (partial intestacy).

c) Legitimate, illegitimate, and adopted descendants

Legitimate descendant: generally, born within a valid marriage (or otherwise legitimated/recognized as legitimate under law).
Illegitimate descendant: not legitimate under the legal definitions.
Adopted descendant: adoption creates a legal parent-child relationship; in Philippine law, adoption typically places the adoptee in the position of a legitimate child of the adopter for succession purposes (subject to the adoption statute’s framework).

Practical note: “Legitimacy” is a legal status that affects inheritance shares and, in some settings, whether certain lines of relatives can inherit intestate from each other.

3) When grandchildren inherit intestate (no will)

The general rule

If a decedent dies leaving children, the estate goes primarily to the children (and the spouse, if any). Grandchildren generally do not inherit intestate when their parent (the decedent’s child) is alive and qualified to inherit.

The major exception: Right of representation

Grandchildren may inherit intestate by representation when their parent (the decedent’s child) cannot or does not inherit because the parent:

Predeceased the decedent; or
Is incapacitated/disqualified (e.g., unworthy); or
Is disinherited in a valid manner (effects discussed further below).

In representation, the grandchild “steps into the shoes” of the parent and receives the share the parent would have received.

Representation is usually “per stirpes”

Inheritance by representation is typically computed by branch (stirps) rather than by head (capita).

Example (basic):

Decedent D has children A, B, C.
A predeceased D, leaving children A1 and A2.
B and C survive. In intestacy, the estate is divided into three branches (A branch, B branch, C branch).
The A branch share goes to A1 and A2 (split between them), while B and C take their own shares.

Representation can operate even if other descendants exist

If multiple children of the decedent are deceased, each deceased child’s descendants represent their own branch.

4) Grandchildren and inheritance when there is a will (testate succession)

a) If the will names the grandchild as heir/legatee/devisee

A decedent can give property to a grandchild by will—as long as the will respects legitimes of compulsory heirs. If compulsory heirs exist (e.g., spouse, children), the will cannot reduce their legitimes.

b) Grandchildren as “compulsory heirs” (indirectly, through representation)

Grandchildren are not typically listed as compulsory heirs in their own right when the decedent’s child is alive; however, legitimate descendants can be compulsory heirs by representation when the child who would be a compulsory heir cannot inherit (commonly because the child died earlier).

So, in testate succession:

If a child who is a compulsory heir predeceases, the child’s descendants generally take the child’s legitime by representation (subject to rules on legitimacy and on the validity/effects of disinheritance).

c) Preterition and omitted compulsory heirs (important when grandchildren represent)

If a will completely omits (without valid cause) compulsory heirs in the direct line, it may trigger preterition, which can invalidate institution of heirs to the extent required by law, often resulting in intestacy for affected parts. This becomes relevant when a grandchild should have taken by representation but was effectively left out.

5) How much do grandchildren get? Understanding legitime and shares

Shares depend heavily on:

whether grandchildren inherit by representation or by direct institution in a will,
whether the grandchildren are legitimate or illegitimate (or adopted),
whether there is a surviving spouse, and
whether other compulsory heirs exist.

a) If grandchildren inherit intestate by representation

They collectively take the share of their parent (the decedent’s child), then split it among themselves (usually equally within that branch, unless special circumstances apply).

b) If grandchildren are instituted in a will

They receive what the will grants so long as legitimes of compulsory heirs are preserved. If the will impairs legitimes, the remedy is typically reduction of excessive dispositions.

6) Situations that commonly control whether grandchildren inherit at all

1) The parent (child of decedent) is alive and qualified

Rule: Grandchildren do not inherit intestate.
But: They may still receive something if the decedent gave them gifts during life (subject to collation rules) or instituted them in a will.

2) The parent predeceased the decedent

Rule: Grandchildren inherit by representation (branch share).

3) The parent is disqualified (unworthy/incapacitated)

Rule: Grandchildren may inherit by representation, depending on the ground and how the law treats the disqualification’s effects on descendants.

4) The parent repudiates (renounces) the inheritance

Renunciation can complicate representation. In many systems, representation is tied to inability to inherit, and renunciation is treated differently from predecease/incapacity. In Philippine succession law, the effects can vary depending on the scenario and the applicable provisions: sometimes the renouncer’s share accrues to co-heirs; sometimes descendants may come in under particular rules. This is a frequent litigation/settlement issue and must be handled carefully in actual estate settlement.

5) The parent is disinherited

If disinheritance is valid (with legal cause and proper form), the parent loses legitime. Whether the parent’s descendants (grandchildren) still inherit often turns on rules that preserve descendants’ rights by representation in certain circumstances, and on the will’s structure. This is another area where careful legal analysis is essential because an invalid disinheritance can produce very different results (including restoration of legitime rights).

7) Grandchildren, legitimacy, and the “barrier” rule in intestate succession

Philippine law distinguishes legitimate and illegitimate lines in intestate succession and has historically enforced strict limits on intestate inheritance between illegitimate children and the legitimate relatives of their parents (a rule often discussed as a barrier between those lines).

Why it matters for grandchildren: If a grandchild’s link to the decedent is through an illegitimate line, intestate inheritance questions can arise as to:

whether representation is recognized in that configuration,
how the barrier rule affects succession between the grandchild and relatives in the legitimate line, and
whether the grandchild’s claim is against the decedent directly (ancestor-descendant) or against collateral legitimate relatives (siblings, etc.), where the barrier is most often felt.

Because outcomes can depend on exact family facts (who is legitimate/illegitimate relative to whom, who died first, and whether the claim is direct-line vs collateral), this is one of the most sensitive areas of Philippine succession practice.

8) Adopted children and the inheritance rights of their descendants

Adoption in Philippine law generally creates a legal relationship where:

the adoptee is treated, for many purposes including succession, like a legitimate child of the adopter, and
reciprocal inheritance rights arise between adopter and adoptee.

For grandchildren: If your parent is an adoptee of the decedent, your right to inherit from the adopter (your parent’s adoptive parent) may be analyzed as succession through that legal line. In many cases, descendants of the adoptee are treated as descendants in that adoptive line, but the exact treatment can depend on:

the governing adoption law at the relevant time,
the terms and legal effects of the adoption decree, and
whether the succession is testate or intestate.

9) Special doctrines that sometimes affect grandchildren’s shares

a) Collation (bringing gifts into the mass of the estate)

If the decedent gave substantial property during life to a child (the grandchild’s parent), that gift may be subject to collation when computing legitimes and equalization among compulsory heirs. If the parent is deceased and grandchildren represent, collation issues can affect the branch share.

b) Reserva troncal (special “return” of property within a family line)

A specialized doctrine may apply to certain property that passed from an ascendant to a descendant and then to another ascendant by operation of law, requiring it to be reserved for relatives within a particular line. When it applies, it can heavily impact grandchildren’s entitlement to specific property. (This is technical and fact-specific, but it still appears in bar exam problems and some real disputes.)

c) Substitution in wills (including fideicommissary substitution)

A will may name a grandchild as a substitute heir if the primary heir cannot inherit. This is separate from representation and depends on will validity and limits.

d) Partition by the decedent (including lifetime partition, if legally effective)

Some estate plans attempt to distribute property inter vivos or through a will in a way that resembles partition. Whether it binds grandchildren can depend on compliance with legitime rules and formalities.

10) Proof and procedure: how grandchildren actually claim an inheritance

a) Estate settlement paths

Extrajudicial settlement (usually only if no will and no debts, and all heirs agree)
Judicial settlement (especially if there is a will, disputes, debts, minors, or unclear heirship)

b) Documents typically needed

Death certificate of decedent
Birth certificates establishing filiation (parent-child links), including:
- the parent’s birth certificate showing the decedent as parent, and
- the grandchild’s birth certificate showing the parent
Marriage certificates, if relevant to legitimacy or spouse rights
If illegitimacy/recognition is an issue: proof of recognition or filiation (as applicable)
If adoption is involved: adoption decree and amended records
Property titles, tax declarations, bank records, etc.

c) Common dispute points

Whether representation applies (and to whom)
Validity of the will and formalities
Validity of disinheritance
Filiation/recognition and legitimacy classification
Collation and computation of legitimes
Whether a supposed heir is unworthy/disqualified
Whether there are omitted heirs (preterition issues)
Conflicting claims to specific properties (especially ancestral or “line” property)

11) Practical illustrations (patterns you’ll encounter)

Pattern A: Parent alive

D dies intestate; D has living child A; A has children (grandchildren of D). → Grandchildren do not inherit intestate because A blocks them in the direct line.

Pattern B: Parent predeceased

D dies intestate; D’s child A died earlier; A left A1 and A2. → A1 and A2 inherit by representation, splitting A’s branch share.

Pattern C: Will favors grandchildren but decedent has compulsory heirs

D executes a will leaving everything to grandchild G, but D is survived by a spouse and children. → The disposition is effective only to the extent it does not impair the legitimes of compulsory heirs; excess can be reduced.

Pattern D: Illegitimacy complications

D dies intestate; claim is through an illegitimate line or against collateral relatives. → Whether and how grandchildren inherit can turn on strict rules separating intestate succession between illegitimate and legitimate relatives of a parent, and on whether the claim is direct-line representation or collateral succession.

12) Bottom-line rules you can safely remember

Grandchildren generally inherit only if their parent (the decedent’s child) cannot inherit, most commonly because the parent predeceased the decedent.
In that case, grandchildren inherit by right of representation, taking their parent’s share (per stirpes).
With a will, a grandchild can inherit if instituted, but protected shares (legitimes) of compulsory heirs must be respected.
Legitimacy/illegitimacy and adoption can materially change results, especially in intestate succession and in disputes involving collateral relatives.
The most litigated issues are filiation, validity of wills/disinheritance, and computation of legitimes/collation.

This discussion is general legal information in the Philippine context and not a substitute for case-specific legal advice.