The right of representation allows the children (or descendants) of an heir who died before, or is incapacitated to inherit from, the decedent to step into that heir's place and inherit what the heir would have received. For example, if a grandparent dies and one of their children had already died, that deceased child's children (the grandchildren) inherit their parent's share by representation. Those who inherit by representation divide the represented share among themselves per stirpes (by the root) — they split only the portion their parent would have taken, not per capita. Representation operates in the direct descending line without limit, and in the collateral line only in favor of children of siblings (nephews and nieces). It also applies in cases of disinheritance and incapacity, but not where an heir validly repudiates the inheritance, since one cannot represent a person whose inheritance was renounced.
What happens to a child's inheritance if that child dies before the parent? Often it does not vanish — it passes to the grandchildren through the right of representation.
What Representation Is
The right of representation lets the children or descendants of an heir step into that heir's place and inherit what the heir would have received, when the heir cannot inherit because they predeceased the decedent, were incapacitated, or were disinherited.
A Simple Example
Suppose a grandfather dies leaving three children, A, B, and C — but B had already died, leaving two children (the grandfather's grandchildren). By representation:
- A and C each take their own share; and
- B's two children together take B's share, dividing it between them.
Per Stirpes, Not Per Capita
Those who inherit by representation take per stirpes (by the root) — they divide only the portion their parent would have received, splitting it among themselves. They do not each get a full share as if they were children of the decedent. In the example, B's two children split B's one share, not two full shares.
Where Representation Operates
- In the direct descending line — without limit (grandchildren, great-grandchildren, and so on may represent); and
- In the collateral line — only in favor of children of siblings (nephews and nieces), and only in specific situations. Representation does not operate in the ascending line.
Disinheritance and Incapacity
Representation also applies where an heir is incapacitated to succeed or is disinherited — the children of the disinherited or incapacitated heir may still inherit the legitime by representation (the sins of the parent do not deprive the grandchildren of what the law reserves for them).
The Repudiation Exception
A crucial limit: representation does not apply where an heir validly repudiates (renounces) the inheritance. “One cannot represent a person whose inheritance he has renounced.” If an heir repudiates, their own children generally cannot step in by representation for that inheritance (though they may inherit in their own right in some situations).
Practical Takeaways
- Representation lets grandchildren inherit a predeceased parent's share;
- They take per stirpes — splitting only their parent's portion, not a full share each;
- It applies in predecease, incapacity, and disinheritance, but not where the heir validly repudiated the inheritance.
Frequently Asked Questions
What is the right of representation? It lets the children or descendants of an heir step into that heir's place and inherit what the heir would have received, when the heir predeceased the decedent, was incapacitated, or was disinherited.
How is the inheritance divided under representation? Per stirpes (by the root). Those who represent divide only the portion their parent would have received, splitting it among themselves, rather than each getting a full share.
Where does representation apply? In the direct descending line without limit, and in the collateral line only in favor of children of siblings (nephews and nieces). It does not operate in the ascending line.
Does representation apply if an heir renounces the inheritance? No. One cannot represent a person whose inheritance was renounced. If an heir validly repudiates, their children generally cannot step in by representation for that inheritance.
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.