Short answer. No. Article 973 says that for representation to take place, the representative must himself be capable of succeeding the decedent. If the person stepping into a deceased parent's place is himself disqualified from inheriting from that decedent, he cannot inherit by representation either. Capacity to succeed is a precondition for representing anyone.

What the law says

In order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent.

Civil Code, Article 973 — The Representative Must Be Capable. Read the full provision →

Representation lets descendants step into a place

Representation is the mechanism that allows a person to inherit in the place of a nearer relative who cannot, most commonly a grandchild inheriting in the place of a parent who died before the grandparent. The representative takes the share the represented person would have received. It is a powerful device for keeping an inheritance within a branch of the family when the link in the chain is missing. But the law does not let just anyone step into that vacant place; the person doing the representing must satisfy a basic requirement of their own.

The representative must be able to inherit

Article 973 sets that requirement out plainly: in order that representation may take place, it is necessary that the representative himself be capable of succeeding the decedent. The one who would inherit by representation must be someone who could inherit from the decedent in his own right, judged by his own capacity. Representation borrows the place of the represented relative, but it cannot manufacture a capacity the representative lacks. If he could not inherit from the decedent directly, he cannot do so by standing in another's shoes.

A disqualified representative fails

The consequence is direct. If the person who would represent a deceased parent is himself disqualified from inheriting from the decedent, for instance because he has been found unworthy as to that decedent, representation does not save him. His own incapacity blocks the path, regardless of the represented parent's would-be share. The share he might have claimed does not pass to him; it goes instead to those whom the law calls in his stead, according to the ordinary rules of succession.

Why capacity is required

The rule keeps representation from becoming a way around the disqualifications the law imposes. Unworthiness and other bars to inheriting exist for reasons personal to the would-be heir, and they should not evaporate merely because he happens to be the one in line to represent a deceased relative. By insisting that the representative be independently capable of succeeding the decedent, Article 973 ensures that representation channels an inheritance only to those who could properly receive it, not to those the law has reason to exclude.

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.