Quick answer

The right of representation is a right created by fiction of law by which the representative is raised to the place and degree of the person represented, and acquires the rights that the latter would have if they were living or could have inherited. It comes into play when an heir cannot or does not inherit because they predeceased the decedent, were incapacitated (unworthy) to succeed, or were disinherited; their own descendants may, in the cases the law allows, step into their place and inherit the share the represented heir would have received. Representation operates fully in the direct descending line: descendants (such as grandchildren) always inherit by representation from an ascendant when their parent (the decedent's child) predeceased, is incapacitated, or is disinherited; representation in the direct descending line takes place ad infinitum. It does not operate in the ascending line (a grandparent does not represent a predeceased parent to inherit from a grandchild). In the collateral line, representation is more limited: it takes place only in favor of the children of brothers or sisters, whether of the full or half blood, so that nephews and nieces may represent their deceased parent (the decedent's sibling) and inherit in place of that sibling, but only when they concur with at least one surviving uncle or aunt (a living brother or sister of the decedent); representation in the collateral line does not extend beyond nephews and nieces. When all the siblings have predeceased and only nephews and nieces survive, they inherit in their own right, not by representation, and generally per capita. A person who repudiates their inheritance cannot be represented. So representation lets descendants of a predeceased heir take that heir's share, operating without limit in the direct descending line but only up to nephews and nieces, and only in concurrence with surviving siblings, in the collateral line.

What Representation Is

Right of representation raises the representative to the place of the person represented, taking the share that heir would have received. It applies when an heir predeceased the decedent, is incapacitated, or was disinherited.

In the Direct Descending Line

Representation operates fully in the direct descending line — grandchildren represent a predeceased parent to inherit from a grandparent — and it goes ad infinitum. It does not operate in the ascending line.

In the Collateral Line (Limited)

Representation in the collateral line is limited: only children of brothers/sisters (nephews and nieces) may represent their deceased parent, and only when they concur with a surviving uncle or aunt. It does not extend beyond nephews and nieces. One who repudiates cannot be represented.

Practical Takeaways

Frequently Asked Questions

What is the right of representation? A right by which a representative is raised to the place and degree of the person represented, acquiring the rights the latter would have. It applies when an heir predeceased the decedent, is incapacitated, or was disinherited.

How does representation work in the direct line? Fully. Descendants such as grandchildren inherit by representation from an ascendant when their parent predeceased, is incapacitated, or is disinherited, and representation in the direct descending line takes place ad infinitum.

How does representation work in the collateral line? Only children of brothers or sisters (nephews and nieces) may represent their deceased parent, and only when they concur with at least one surviving brother or sister of the decedent. It does not extend beyond nephews and nieces.

Can someone who rejects their inheritance be represented? No. A person who repudiates their inheritance cannot be represented. Representation applies to heirs who predeceased, were incapacitated, or were disinherited, not to one who validly repudiated.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.