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Legal Intellectual

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Q

Is inheritance of a paternal grandmother's property by a grandchild possible?

Legal IntellectualViews39,149

Hello. My paternal grandmother recently passed away, and I am curious about how the inheritance will work. When I searched, it said that if the father is alive, inheritance by a grandchild is not possible, but my father has already passed away. In such a case, is inheritance by a grandchild possible? I would be grateful if you could also explain the order of inheritance and inheritance by representation.

inheritance by grandchildren

A

Answer to Related Inquiry

Yes, inheritance by a grandchild is possible.

If the father is alive, because the father is a lineal descendant of the grandmother, the father inherits the grandmother's property.

In other words, because the father receives the grandmother's property as the first-priority heir, the grandchild cannot inherit the grandmother's property.

However, where the father has already passed away, the grandchild becomes an 'heir by representation' and can inherit as a grandchild.

An heir by representation means, where an heir dies or a ground for disqualification arises before the inheritance commences, a person who can inherit in that heir's place.

In this case, the grandchild inherits the grandmother's property in place of the father.

How the inheritance is carried out is determined according to the order of inheritance.

Inheritance is carried out in order of priority, and if there is an heir of one rank, the heir of the next rank cannot inherit.

The order of inheritance is as follows.

1. Lineal descendants (such as children) and the legal spouse

2. Lineal ascendants (such as parents) and the legal spouse

3. Siblings

4. Collateral blood relatives within the fourth degree (such as maternal aunts and paternal aunts)

If you need a more detailed consultation regarding the complex matters related to inheritance by a grandchild, it is advisable to obtain accurate information through a consultation with an attorney specializing in inheritance.

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