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My grandparents had 2 houses and made a will to divide them equally among their 9 children. My grandparents are still alive but my father passed away in 2022.
My father divorced 20 years ago. He has two sons, me and my younger brother.
So when my grandparents pass away, if the remaining children sell these two houses, will they divide my father's share to the heirs, my siblings?
Inheritance of the throne is regulated by law in Article 652 of the 2015 Civil Code as follows:
"In case the child of the testator dies before or at the same time as the testator, the grandchild shall receive the inheritance that his or her father or mother would have received if he or she were still alive. If the grandchild also dies before or at the same time as the testator, the great-grandchild shall receive the inheritance that his or her father or mother would have received if he or she were still alive."
Inheritance by substitution is applied in cases of inheritance according to the law in Article 650 of the 2015 Civil Code.
Therefore, when your grandparents passed away and left a will dividing the house equally among 9 children, including your father, it would be handled as follows:
- In case the will is illegal, the inheritance is the house which is divided according to the law.
At this time, the inheritance is divided among the first-order heirs and the successors are divided among the grandchildren who are the children of the first-order heirs who died before their grandparents.
- In case of a valid will, the surviving children shall receive the inheritance as determined in the will. The shares of children who die before or at the same time as the paternal grandparents shall be divided according to the law among the first-order heirs and the succession shall be considered in the inheritance divided according to this law.
Therefore, in your case, although your father died before your grandparents, but when the inheritance is opened and there is an inheritance according to the law, you will be considered to receive your father's inheritance according to the regulations on inheritance by substitution.
TH (Synthesis)