Can children inherit when their father has died before their grandfather dies?

In 2018, my grandfather died and did not leave any testament. His inheritance is a house. My uncles have inherited some parts of that house. My father had died before my grandparents died, so my uncles didn't distribute the inheritance to my father. So can we (my father's children) inherit our grandfather's property?

FDVN's opinions:

Thank you for your question and thank you for concerning our legal services. We would like to give you our opinions regarding your case:

[1]. According to the information provided by you, your grandfather died and did not leave any testament. Thus, his inheritance will be distributed among the heirs under the law provisions (according to Article 650 of the Civil Code 2015):

Accordingly, your grandfather's heirs in accordance with laws are prescribed in Article 651 of the Civil Code 2015:

"1. Heirs at law are categorized in the following order of priority:
a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;
b) The second level of heirs comprises grandparents and siblings of the deceased; and biological grandchildren of the deceased;
c) The third level of heirs comprises biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.

2. Heirs at the same level shall be entitled to equal shares of the estate.

3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit."

Thus, your aunts and uncles are the first level of heirs and entitled to equal shares of the property. 

[2]. In the case that your father had died before your grandfather died, there are the provisions on the succeeding heirs. Accordingly, where a child of a testator died prior to or at the same time as the testator, the grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive. If the grandchildren also died prior to or at the same time as the testator, the great-grandchildren of the testator shall inherit that part of the estate which their father or mother would have been entitled to inherit had such father or mother still been alive.

Applying this provision, because your father had died before your grandfather died, as your father's grandsons/granddaughters, you and your siblings can mutually earn one part of your grandfather's property. This part is equal to the others inherited by your uncles and aunts. 

The above is the advice of FDVN regarding your requirements based on the study of legal regulations. We hope the advice of FDVN will be helpful to you.

Legal expert: Hang

FDVN Law Firm

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