Do Grandchildren Inherit Parents Portion if Parent is Deceased?
Yes, grandchildren can inherit their deceased parent’s share of an estate, depending on specific factors like the terms of the will, laws of intestacy (if there is no will), and the relationship between the grandparent and their descendants.
Sometimes, a grandchild may receive their parent’s share, especially under intestacy rules or if the will includes provisions for grandchildren.
Inheritance Rights of Grandchildren Under a Will
If a grandparent has a will, the will’s terms decide how the estate is distributed.
Sometimes, the will may state that the inheritance meant for a deceased parent goes to their children (the grandchildren).
If not specified, it may depend on clauses that handle the deceased’s share.
Key Tip: A grandchild’s right to inherit under a will depends on how the will is structured and if there are substitution provisions.
Intestacy: When There Is No Will
If a grandparent dies without a will, intestacy rules determine how the estate is divided.
In Australia, these laws vary by state, but generally, if a parent of a grandchild dies before the grandparent, the grandchildren may inherit their parent’s share.
This is known as per stirpes inheritance, where descendants inherit in place of the deceased.
Key Tip: Under intestacy laws, grandchildren may inherit their parent’s share, depending on state or territory laws.
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Can Grandchildren Contest a Will?
Grandchildren may contest a will if they feel unfairly excluded or not adequately provided for.
In Australia, the right to contest varies by state. Generally, a grandchild can contest if they depended on the grandparent or were entitled to inherit through intestacy but were not included in the will.
Courts consider the relationship and financial dependence.
Key Tip: Grandchildren can contest a will if they were dependent on the grandparent or believe they were unfairly excluded.
Dependency and Special Relationships
Grandchildren may have stronger grounds for inheritance or contesting a will if they were financially dependent on the grandparent or had a special relationship.
This may include situations where the grandparent provided financial support, education costs, or living arrangements.
Key Tip: Proving financial dependence or a close relationship can strengthen a grandchild’s inheritance claim.
Per Stirpes vs. Per Capita Distribution
Understanding per stirpes and per capita distribution is key in determining inheritance.
Per stirpes means a deceased parent’s share passes to their descendants (grandchildren).
Per capita divides the estate equally among the surviving descendants without accounting for the deceased’s share.
Key Tip: Under per stirpes, grandchildren may inherit their parent’s portion.
When Do Grandchildren Inherit?
Grandchildren inheriting a parent’s share depends on the will’s terms, intestacy rules, and the grandparent-grandchild relationship.
Grandchildren often inherit under intestacy rules or if specified in the will.
Key Tip: Grandchildren may inherit their parent’s portion through intestacy rules or specific will provisions, with factors like dependency and special relationships playing a role.
