Inheritance Rights of Grandchildren in the Philippines

1) Why this topic matters

When a person dies without a valid will (or with a will that does not effectively dispose of all property), Philippine law supplies the rules on who inherits, in what shares, and how property is held while the estate remains unsettled. Two realities often collide:

Grandchildren may (or may not) inherit depending on why they are in the picture and who else is alive; and
Even when heirs are already determined, the estate’s properties are typically held in co-ownership until partition.

This article explains when grandchildren inherit intestate, how their shares are computed in common family set-ups, and what co-ownership means in practice.

2) Core legal framework (Philippine context)

Key rules come from the Civil Code provisions on Succession and Co-ownership, plus procedural rules on estate settlement.

A. Succession happens at death (important for ownership)

Under the Civil Code principle (commonly stated as “rights to succession are transmitted from the moment of death”), heirs acquire rights at the moment the decedent dies, even if documents and registrations happen later.
This matters because it explains why heirs can be treated as co-owners of the estate properties before the estate is formally partitioned.

B. Intestate succession: who inherits

If there is no will (or the will is inoperative in whole/part), the law calls heirs in an order of preference, typically:

Legitimate children and legitimate descendants (including grandchildren, but usually only by representation)
Surviving spouse (shares with descendants, depending on who exists)
Illegitimate children (with important limitations, discussed below)
Ascendants (parents, grandparents) if there are no descendants
Collateral relatives (siblings, nieces/nephews, etc.)
The State as heir of last resort

Grandchildren sit inside the category of descendants, but their rights depend heavily on whether their parent (the child of the decedent) is alive and qualified.

3) The main rule: grandchildren do not inherit if their parent (the decedent’s child) is alive

Rule of proximity (nearer degree excludes farther degree)

In intestate succession, the nearest degree generally excludes the more remote. So:

If the decedent is survived by a child (son/daughter), that child is a nearer heir than any grandchild.
Result: Grandchildren ordinarily do not inherit if their parent (the decedent’s child) is alive and not disqualified.

Exception: The “right of representation” (discussed next).

4) When grandchildren inherit: the right of representation

A. What “representation” means

The Civil Code recognizes representation in the direct descending line. In plain terms:

If a child of the decedent cannot inherit (most commonly because the child died earlier), that child’s own children (the decedent’s grandchildren) may “step into the shoes” of their parent and inherit the share their parent would have received.

B. Typical situations where grandchildren inherit by representation

Grandchildren usually inherit intestate by representation when their parent (the decedent’s child):

Predeceased the decedent (most common)
Is incapacitated/unworthy to inherit (e.g., legally disqualified)
Was disinherited (more often encountered in testate settings, but it can affect intestacy where the disinheritance is operative and the law routes the share accordingly)

Practical takeaway: If the decedent’s child is not in the picture as an heir, the grandchildren are the first in line to take that child’s place.

C. How representation divides shares (per stirpes)

Representation follows a per stirpes approach—distribution by branch:

Each “branch” corresponds to a child of the decedent.
If a child is alive, that child takes the branch share.
If a child is not alive/qualified, that child’s descendants split the branch share among themselves.

5) Computing shares: common family scenarios involving grandchildren

Scenario 1: One living child, plus grandchildren from another child who predeceased

Decedent dies intestate leaving:

Child B (alive)
Child A (predeceased), who left A1 and A2 (grandchildren)

Estate = 1 whole

Two branches (A and B) → each branch gets 1/2
B takes 1/2
A’s branch share 1/2 is split between A1 and A2 → 1/4 each

Result:

B = 1/2
A1 = 1/4
A2 = 1/4

Scenario 2: Surviving spouse + children/grandchildren (representation still applies)

A common rule in intestacy is that the surviving spouse shares with legitimate children roughly as if the spouse were “one child” (in typical configurations where legitimate children exist).

Example: Decedent leaves

Surviving spouse S
Child B (alive)
Child A (predeceased) with grandchildren A1, A2

Treating shares in the common pattern where spouse shares equally with each legitimate child-branch:

Count S, branch A, and child B → 3 “units”
Each unit = 1/3
S gets 1/3
B gets 1/3
A branch gets 1/3, divided between A1 and A2 → 1/6 each

Result:

S = 1/3
B = 1/3
A1 = 1/6
A2 = 1/6

(In practice, exact shares can vary with the presence of illegitimate children, ascendants, and special circumstances; the key point is that representation preserves the branch and grandchildren split only their parent’s branch share.)

Scenario 3: All children predeceased; only grandchildren remain

If the decedent’s children are all gone (or all unable to inherit), the grandchildren inherit by representation across each child’s branch.

Example: Decedent had 3 children A, B, C (all predeceased):

A left A1
B left B1 and B2
C left C1, C2, C3

Estate split into 3 branches:

A branch 1/3 → A1 gets 1/3
B branch 1/3 → B1 and B2 each 1/6
C branch 1/3 → each C1/C2/C3 gets 1/9

6) Legitimate vs illegitimate grandchildren: the “iron curtain” problem

Philippine intestacy has a crucial barrier often called the “iron curtain rule” (Civil Code Article 992 principle):

As a rule, there is no intestate succession between illegitimate children and the legitimate relatives of their parent.

What that means for grandchildren

A grandchild who is illegitimate, trying to inherit intestate from a legitimate grandparent, often runs into Article 992.
This is one of the most litigated and fact-sensitive areas because family statuses differ (legitimation, adoption, recognition, etc.).

General guide (intestate):

Legitimate grandchildren can represent and inherit from a legitimate grandparent when representation applies.
Illegitimate grandchildren may be barred from inheriting intestate from the legitimate relatives of their parent (which includes grandparents) because of Article 992, unless a legally recognized pathway changes the status/relationship (e.g., adoption effects, legitimation, or other specific legal circumstances).

Important nuance: The barrier is about intestate succession. A valid will (testate succession) can change outcomes, subject to legitime and other limits—though this article centers on intestacy.

7) Adoption and grandchildren

Adoption can realign family ties for succession purposes because an adopted child is generally treated, for many inheritance issues, as a child of the adopter. This can affect whether a person is considered a “descendant” for representation, and which family line they belong to for intestate succession.

Because adoption can be:

domestic vs inter-country,
full vs with residual legal ties depending on the governing law and timing, this area is highly fact-specific. The practical point is that legal filiation controls intestacy, not just biology.

8) Disinheritance, unworthiness, and renunciation: do grandchildren still step in?

A. Unworthiness / incapacity

If a child is legally disqualified (unworthy/incapacitated), the law commonly allows the descendants (grandchildren) to protect the branch through representation.

B. Disinheritance

Disinheritance is typically a will-based concept, but it can still influence who ends up inheriting if the disinheritance is effective and the legal consequences route the share to descendants or other heirs under succession rules.

C. Renunciation (repudiation)

If a child-heir simply renounces an inheritance, the consequences are often different from predecease/incapacity. In many setups, renunciation tends to trigger accretion among co-heirs in the same degree rather than automatic representation—unless the law or structure of heirs calls the next degree in a way that results in descendants inheriting in their own right. This is a common source of confusion and must be handled carefully in settlement documents.

PART II — Co-Ownership After Death (and why it matters to grandchildren)

9) Why heirs become co-owners

Before the estate is partitioned, heirs typically hold the estate property in co-ownership (pro indiviso). This is strongly associated with the Civil Code rule on hereditary co-ownership (commonly cited around Article 1078) and the general co-ownership provisions (Articles 484–501).

Meaning: If the estate includes a titled land, the heirs do not each “own specific rooms/portions” right away. They own undivided shares of the whole property until partition.

For grandchildren who inherit (usually by representation), this means:

They become co-owners along with surviving children, spouse, or other heirs.
Their ownership is fractional and undivided unless and until partition assigns specific property or proceeds.

10) Rights of co-owners in inherited property

A. Right to possess and use (consistent with others’ rights)

Each co-owner may use the property as long as it does not prejudice the rights of other co-owners or change the property’s intended use.

B. Right to fruits, benefits, and income

Fruits (rent, produce, income) belong to co-owners in proportion to their shares, subject to reimbursement rules if one co-owner shouldered expenses.

C. Right to demand partition (general rule: anytime)

A defining feature of co-ownership: no one can be compelled to remain in it indefinitely. Any co-owner (including a grandchild-heir) can generally demand partition, except for limited restrictions (e.g., a valid agreement to keep the property undivided for a period, subject to legal limits, or when partition is legally/physically impracticable and the remedy becomes sale and division of proceeds).

D. Right to transfer an undivided share

A co-owner may sell, assign, or mortgage only their undivided share—not a specific portion—unless partition has already happened.

E. Redemption rights when shares are sold to outsiders

Co-ownership law provides a form of legal redemption in some circumstances when an undivided share is sold to a third person, allowing remaining co-owners to redeem under statutory conditions. This becomes relevant when one heir sells a share to a stranger, and other heirs want to keep ownership within the family.

11) Duties and liabilities among co-owners

A. Contribution to expenses

Co-owners must generally contribute to:

preservation expenses,
taxes,
necessary repairs, in proportion to their shares (with reimbursement/crediting rules if one advances more than their share).

B. Reimbursement and accounting

If one co-owner exclusively possesses the property, receives rents, or improves the property, disputes often revolve around:

accounting for income,
reimbursement for necessary expenses,
whether improvements were necessary/useful/luxurious and how to value them.

These disputes are common in multi-generation estates where grandchildren inherit small shares but the property is managed by an uncle/aunt or surviving spouse.

12) Co-ownership vs “exclusive ownership by one heir” (a frequent misconception)

A common real-world pattern:

One heir stays on the land, pays taxes, and acts like the sole owner.
Other heirs (often grandchildren who live elsewhere) remain silent for years.

Legally, payment of taxes and possession alone do not automatically extinguish co-ownership. To defeat co-owners’ rights, there typically must be a clear legal basis (such as valid partition, sale of shares, or acquisitive prescription under strict conditions that usually require unequivocal repudiation of the co-ownership brought to the knowledge of co-owners). This is a major reason estates become contentious decades later.

PART III — Estate Settlement and Transfer (how co-ownership is formalized or ended)

13) Settlement options: judicial vs extrajudicial

A. Judicial settlement

Required or preferred when:

there are disputes among heirs,
there are creditors or complex claims,
minors or incapacitated heirs require court oversight,
the estate includes complicated issues (status questions, representation disputes, “iron curtain” problems, etc.).

B. Extrajudicial settlement

Common when heirs agree and conditions are met. Typical requirements include:

the decedent left no will (or will is not being implemented),
no outstanding debts (or debts are properly addressed),
heirs are all of age or represented,
settlement is in a public instrument (or self-adjudication where there is a sole heir),
publication as required,
often a bond or safeguards for potential claims within the statutory period.

Extrajudicial settlement often results in:

continued co-ownership (if no partition is done), or
partition (if the instrument allocates properties or proceeds).

14) Partition: the legal end of co-ownership

Partition can be:

By agreement (extrajudicial partition), or
By court action (judicial partition)

Partition may result in:

physical division (if feasible), or
sale of the property and division of proceeds (when division is impractical).

Once partition is completed and properly documented/registered, each heir owns specific property (or a defined portion) rather than an undivided share.

PART IV — Practical guideposts for grandchildren’s claims

15) Quick checklist: do the grandchildren inherit intestate?

Grandchildren typically inherit only if:

Their parent (the decedent’s child) predeceased the decedent, or
Their parent is disqualified/unworthy (or otherwise cannot inherit), or
Their parent’s share is legally routed away from them in a way that triggers representation rules.

If their parent is alive and qualified: they usually do not inherit intestate.

16) Quick checklist: will the grandchildren be co-owners?

If they inherit at all—and the estate is not yet partitioned—then yes, they typically become co-owners of the hereditary estate properties in proportion to their shares.

17) The “status” issue is often decisive

Whether a grandchild is legitimate/illegitimate/adopted, and the legitimacy of the connecting parent-child links, can change everything—especially because of Article 992’s intestacy barrier.

18) Key points to remember

Grandchildren are not automatic intestate heirs if their parent (the decedent’s child) is alive.
Representation is the usual doorway: grandchildren inherit their parent’s branch share, divided among them.
When grandchildren inherit, they commonly hold property in co-ownership with other heirs until partition.
Co-ownership grants rights (use, fruits, transfer of undivided share, partition) and imposes duties (contribution, accounting).
Illegitimacy can trigger the Article 992 “iron curtain” limitation in intestacy, which can bar an illegitimate grandchild from inheriting from a legitimate grandparent in many settings.