Can a grandson inherit his grandparents estate?

Article 11 of the Inheritance Law stipulates that if the children of the decedent die before the decedent, the descendants of the decedent's children shall inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.

According to the Inheritance Law, only spouses, children and parents are the first-order heirs, which means that under normal circumstances, grandchildren are not directly able to inherit the estate of their grandparents, and only their parents are the first-order heirs as stipulated by law. However, this is not the case when their father dies before their grandparents, and in order to ensure that their father's share of the estate is realized, the law provides that grandchildren can inherit directly from their grandparents in this case, and their share of inheritance should in principle be equal to the share to which their father is entitled, and no one may be deprived of his inheritance rights because of his father's death. This is what subrogation is legally regulated.

Similarly, if the mother dies first, the child can directly inherit the estate of his maternal grandparents, and the share of inheritance should in principle be equal to the share to which the mother is entitled. At the same time, according to the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China," the great-grandchildren and maternal great-grandchildren of the decedent can inherit by subrogation, and the subrogated heirs are not limited by the number of generations. The adopted children of the decedent and the stepchildren who have formed a dependency relationship may inherit by subrogation; The adopted children of the decedent's biological children may be subrogated; The adopted child of the adopted child of the decedent may inherit by subrogation; The adopted child of a stepchild who has formed a dependency relationship with the deceased may also inherit by subrogation.

Legal analysis: It depends on the situation: 1. If the grandparents have a will to designate the grandson to inherit the estate, the grandson can inherit the grandparents' estate.

2. Where a grandparent's child dies before the grandparent, the grandson may inherit the grandparent's estate by subrogation as a subrogated heir. 3. If the above two conditions are not met, the grandson cannot inherit the grandparent's estate.

Legal basis: Civil Code of the People's Republic of China

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Grandchildren can inherit the inheritance of their grandparents. Grandchildren can inherit their grandparents' estate through subrogation. According to the relevant regulations, if the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation.

A subrogated heir can generally only inherit his father's or mother's share of the estate. Therefore, when a grandson's father dies in front of his grandparents, he can inherit the grandparent's estate in place of his father when his grandparents die. Article 1128 of the Civil Code [Subrogation] Where the children of the decedent die before the decedent, the blood relatives of the children of the decedent shall inherit by subrogation.

If the decedent's siblings die before the decedent, the children of the decedent's siblings shall inherit by subrogation. Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

Grandchildren do not have legal inheritance rights over their grandparents' estates. But grandparents can appoint their grandchildren to inherit the estate through a will. In statutory succession, the estate is inherited in the following order:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs of Lao La will not inherit; If there is no first-order heir, the second-order heir shall inherit.

The law is based on the evidence].

Article 1133 of the Civil Code provides that a natural person may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor.

A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

A natural person may establish a testamentary trust in accordance with the law.