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If my parent died first, can I, as a grandchild, inherit by representation?

My parents passed away before my grandparents, and my grandparents recently died. In this case, I would like to know whether I, as their child, can receive the estate in place of my parent. My family is already discussing the inheritance, but it is not even clear whether I qualify for succession by representation, which leaves me confused. I would like to know the requirements for succession by representation to be recognized, and whether I, as a grandchild, can legally assert a right.

succession by representation

Answer to Related Inquiry

Author: 김국일

Hello. I am an attorney specializing in inheritance at Daeryun Law LLC.

To answer directly, if a parent died before the commencement of the inheritance, the grandchild can inherit by representation.

Succession by representation is a system under which, where an heir designated by law died before the decedent or became disqualified from inheritance, that heir's lineal descendants succeed to the right of inheritance in their place.

The first priority in inheritance is lineal descendants, and parents fall into this category.

If the parent has already died, the grandchild, as that parent's child, takes over the parent's position and inherits by representation, and in that case the grandchild succeeds to the deceased parent's inheritance share as it stands.

However, it is not automatically recognized in every case.

It must be clear that the parent died before the commencement of the inheritance, and there must be no ground for disqualification from inheritance.

In addition, you should note that if the parent renounced the inheritance during their lifetime, succession by representation is, in principle, not recognized for that parent's children.

Furthermore, an heir by representation must also choose one of simple acceptance, renunciation of inheritance, or qualified acceptance of inheritance, and not only the inherited property but also the debts may be succeeded to together.

Where the debts exceed the assets, renunciation of inheritance or qualified acceptance of inheritance should be carefully considered.

In practice, it is not uncommon for disputes to arise when a grandchild asserts a right after the other heirs have already divided the estate.

In such cases, a claim for recovery of inheritance or a claim for return of the reserved portion may be at issue, so early response is important.

In such situations, it is advisable to respond in a way that prevents unnecessary disputes by accurately clarifying, with the help of an attorney specializing in inheritance, whether you are an eligible heir, as well as your share and the procedure.