Is an inheritance waiver the same as an inheritance leaving to a grandchild?

Of course not!

The mother's renunciation is a conditional renunciation, and she is essentially transferring her fair share to her grandson. In such a situation, the sister-in-law gets one-third, and the grandson gets two-third.

If the mother renounces the inheritance, the property will be inherited by the sister-in-law and grandson, and the sister-in-law will get half of the inheritance and the grandson will get half.

There is a difference between renunciation of inheritance rights and renunciation of ownership of inheritance: according to Article 25 of the Inheritance Law, "if the heir renounces the inheritance after the commencement of the inheritance, he shall make an expression of renunciation of the inheritance before the estate is disposed of."

If there is no indication, it shall be deemed to have accepted the inheritance. It follows that renunciation of inheritance is a right of the heirs.

Article 29 of the Property Law stipulates that "if the property right is acquired by inheritance or bequest, it shall take legal effect from the beginning of the inheritance or bequest", in order to avoid the estate being ownerless, and the significance of applying Article 29 of the Property Law is that from the time of the death of the decedent, whether the heir has accepted the movable property in the estate or has gone through the registration procedures for the change of ownership of the immovable property, the estate belongs to the heir, and if the heir does not accept the inheritance, it is a waiver of inheritance rights rather than a waiver of ownership.

Inheritance is the basis for the heir to obtain the ownership of the decedent's estate, and without this foundation, the ownership of the heir cannot exist.

are two different areas of law with different legal consequences. 1. Renunciation of inheritance is renunciation of inheritance rights for those who have the right to inherit, and the estate of the deceased is inherited by someone other than the person who renounces the right to relinquish, so that everyone involved in the distribution obtains the property given up by the person who renounces the right to relinquish. 2. If the heir will appoint the inheritance to someone in the future (such as a grandson), then he must make a will and designate an heir to inherit, and the testator has the right to change the will during his life.

It's different, because their relationship is different, if your mother gives up the inheritance, how can the heirs only have two, they inherit equally, if your mother gives the grandson, the grandson will inherit two-thirds of the property, not one-half.

Parents, children, and spouse are all your brother's first-in-line legal heirs.

In the case you are talking about, under normal circumstances, your mother, your nephew, and your sister-in-law can divide your brother's inheritance.

If your mother renounces the right of inheritance, then your sister-in-law and your nephew will divide your brother's inheritance equally, and if your nephew is underage, then the money can actually be understood as all owned by your sister-in-law. Best wishes.

The law is divided into two parts: the son is the first in line to the throne, while the grandson is not. So in terms of legal inheritance, there is a big difference. Of course, if there is a transfer of inheritance or substitution inheritance, the difference in the disposition of property will be even greater.

Legal basis: Article 1120 of the Civil Code of the People's Republic of China The inheritance of the estate 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.

"Brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half-brothers and sisters, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.

If the son does not die, the grandson cannot receive the inheritance according to the legal inheritance, but the inheritance can be gifted to the grandson by will. If the testator wants to leave the estate to his grandson, he can make a will in advance, and then state in the will that he will give part or all of the inheritance to his grandson.

Article 1133 of the Civil Code of the People's Republic of China: Natural persons may make a will to dispose of their personal property in accordance with the provisions of this Law, and may designate a person to execute the will to sue Zhaomin. 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.