When grandchildren inherit in place of a dead parent, do they split the parent's share or each get a full one?

What per stirpes means

Per stirpes is Latin for "by branch" or "by root." Article 974 uses it to describe how the estate is divided when grandchildren step into their deceased parent's shoes. The estate is first divided into branches — one for each of the decedent's children, alive or dead. If a child is already dead but left their own children (the grandchildren), those grandchildren collectively receive only what their deceased parent's branch would have received. They do not each get a full share as if they were direct children of the decedent.

A practical example

Suppose a grandmother dies and leaves three children — Ana, Ben, and Carlo. Ben died before her, but Ben had two children (the grandchildren, Dani and Ernie). The estate is divided into three equal parts: one-third to Ana, one-third to Carlo, and one-third for Ben's branch. Dani and Ernie split that one-third between them, receiving one-sixth each. They do not each get one-third. The principle is that grandchildren by representation cannot receive more in total than their parent would have received.

What representation requires

Representation does not happen automatically in every case. Grandchildren represent their parent only when the parent predeceased the decedent or is disqualified to inherit. If the parent is simply absent or has waived their share, the situation may be governed by different rules. The right of representation in the descending line is recognized in intestate succession and also applies in the compulsory portion of the estate. Whether it applies in a specific situation depends on the exact facts — particularly whether the parent was already dead at the time the succession opened.

Multiple grandchildren in one branch

When several grandchildren represent the same deceased parent, they divide that parent's share equally among themselves unless there is some other rule that adjusts their shares — for instance, the full-blood and half-blood distinction if some of Ben's children are from different relationships. The key constraint Article 974 establishes is the ceiling: the grandchildren's branch together cannot exceed what the parent would have gotten.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

• Heirs of Arturo E. Bandoy and Heirs of Angelita E. Bandoy vs. Alexander E. Bando, G.R. No. 255258, October 19, 2022 — read the decision on LawPhil →
• Edgardo Santos, et al. vs. Maria D. Santos and/or her Successors-in-interest, G.R. No. 250774, June 16, 2021 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 974 — Division Per Stirpes