Do Grandchildren Inherit If Their Parent Died Before a Person With No Will in BC?
This answer covers the law of British Columbia.
Yes, usually. When a child of the deceased died first and left descendants, that child's share is divided among the child's own descendants, so grandchildren take their parent's share.
The estate is divided into equal shares: one for each surviving descendant, and one for each deceased descendant who left descendants, counted in the nearest generation that has a survivor. Adult children share equally, with no preference for age. If there is a surviving spouse, the spouse takes first, and the descendants' half of the rest is divided among them under s. 24.
A grandchild must also survive the deceased by 5 days, or a longer period set by an instrument, or be treated as having died first. The same rules apply to any part of an estate that a will does not cover. If the deceased left no spouse, descendants come first in line. Your share depends on how many family branches exist, so gather a family tree and ask a lawyer to confirm. Start by listing each child of the deceased, whether they are alive, and who their own children are.
Key takeaways
- The share of a child who died before the deceased is divided among that child's own descendants, so grandchildren take their parent's share.
- Descendants' property is divided into one share for each surviving descendant and one for each deceased descendant who left descendants, counted in the nearest generation with a survivor.
- If there is a surviving spouse, the spouse takes first, and the descendants' half of the rest is divided among them under s. 24.
- A person who does not survive the deceased by 5 days, or a longer period set by an instrument, is treated as having died first.