My father passed away, can I inherit from my grandfather instead of my father?

Question : My grandfather just passed away without leaving a will. My father and grandmother passed away in 2017. Can I inherit my grandfather's property instead of my father?

Answer: If your grandfather died without leaving a will, his inheritance will be divided according to the law.

Article 651 of the 2015 Civil Code stipulates legal heirs in the following order: First-order heirs include wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased.

Second-order heirs include paternal grandparents, maternal grandparents, full brothers and sisters of the deceased; grandchildren of the deceased who is the paternal grandfather or grandmother, maternal grandfather or grandmother...

Heirs of the same rank receive equal shares of the inheritance.

Heirs in the next line of inheritance are only entitled to inherit if there is no one in the previous line of inheritance due to death, lack of inheritance rights, disinheritance, or refusal to receive inheritance.

However, Article 652 of the 2015 Civil Code provides for inheritance by succession. Specifically, "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."

Based on the above provisions, if you are a grandson and your father died before your grandfather, you are a subject of inheritance by substitution. Therefore, you will inherit from your grandfather the same portion of the estate that your father would have inherited if he were still alive.

Minh Hoa (t/h)

Source: https://www.nguoiduatin.vn/cha-da-mat-chau-co-duoc-huong-thua-ke-cua-ong-noi-thay-cha-a624608.html