Will I inherit my grandparent’s estate?

We are often asked whether a grandchild is entitled to inherit their grandparent's estate if their own parent dies first. We look at the legal principles that apply when this situation arises. For further guidance on inheriting from your grandparent's estate call our free legal helpline on 0333 888 0404 or email us at [email protected]

Am I entitled to inherit my parent’s share of my grandparent’s estate?

Your legal right to inherit from your grandparent’s estate is dependant upon a number of factors.

Where your grandparent left a will

Where the grandparent’s will leaves a legacy to a child who predeceases them then, unless the will says otherwise, any children of the intended beneficiary will be entitled to the inheritance that their parent would have received had they not died.

The only circumstances in which this principle would not apply is where the grandparent’s will included a survivorship clause specifically dealing with the situation where a child of theirs dies before them and specifying that the legacy was dependant upon their child surviving them.

Where your grandparent didn’t leave a will

If a grandparent dies without making a will then the intestacy rules will apply. Under the intestacy rules, where the grandparent dies (without leaving a spouse) their children will inherit their estate. If any of their children have predeceased them then the share of the estate they would have inherited will pass to their own children in equal shares.

Claiming under the Inheritance Act

Grandchildren can also make a claim under the Inheritance Act, either as financial dependants or on the basis that they were treated as a ‘child of the family’. The court has a wide discretion under the Inheritance Act to distribute the estate in whatever way it thinks is reasonable, so such claims are not limited by what your own parent would have inherited. Indeed, Inheritance Act claims against grandparents can also be made where your own parents are still alive.

If you wish to claim an inheritance from your grandparent’s estate or you would like details of our no win, no fee funding scheme then contact our free legal helpline on 0333 888 0404 or alternatively send an email with brief details of your case to us at [email protected]

Naomi Ireson

Naomi Ireson

Naomi is a specialist inheritance dispute lawyer and one of England’s leading practitioners in this complex field. Her areas of practice include claims under the Inheritance (Provision for Family and Dependants) Act 1975, challenges to the validity of wills and beneficial interest claims involving estoppel and constructive trusts. She also deals with Court of Protection cases.
Naomi Ireson

Naomi Ireson

Naomi is a specialist inheritance dispute lawyer and one of England’s leading practitioners in this complex field. Her areas of practice include claims under the Inheritance (Provision for Family and Dependants) Act 1975, challenges to the validity of wills and beneficial interest claims involving estoppel and constructive trusts. She also deals with Court of Protection cases.

Share this post:

Share on facebook
Share on twitter
Share on linkedin
Share on email

Share this post:

Share on facebook
Share on twitter
Share on linkedin
Share on email

Call the Slee Blackwell helpline on 0333 888 0404