When a father dies sometimes his children consider give up the inheritanceon many occasions thinking that this, of not accepting it, will pass to their children, that is to say the grandchildren of the deceased, but it must be clear that this is not so, the inheritance does not automatically pass to the grandchildren of the deceased.
This has been explained by the notary María Cristina Clemente in a video published on her social networks, where she warns that, in the territory of common law, grandchildren can only inherit in certain cases if established by the will.
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This means that, unless the will It provides otherwise, the resignation of a child in the territory of common law does not benefit their descendants, but increases the part of the other heirs they do accept.
When there are testament, grandchildren can inherit if it is planned in the will, but not everything their parents had received
Clemente explains that the case that the deceased father had granted a testament can occur two different situations, which is included or not the aforementioned vulgar substitution.
This vulgar substitution is a clause that is included in the will in which the testator appoints a person as a substitute for the heir to receive the inheritance in the event that he cannot or does not want to accept it.
In the case of children and grandchildren, it would have to be added that if it does not accept the inheritance, it will be the grandson who inherits in its place.
If the will includes vulgar substitution
If the will includes vulgar substitution, grandchildren can inherit, but not on equal terms with uncles that accept the inheritance. As Clemente precise, “those grandchildren do not have the right to legitimate strict. That will correspond to the brother of the renuncant who does accept, unless that would also have planned the will.”
The Notary recalls that this interpretation was confirmed by the General Directorate of Legal Security and Public Faith in a resolution of January 18, 2022.
If the will does not include vulgar substitution
If the testament does not foresee this figure, the grandchildren of the resigning do not receive anything and the entire inheritance corresponds to the brother he does accept.
When there is no testament, grandchildren do not inherit
In the event that Testament had not been granted, grandchildren do not receive anything. The notary makes it clear, “if only one of the children renounces, the whole inheritance is for the brother who does accept. The grandchildren of the resigning do not receive anything.”