a decedent can disinherit a compulsory heir only on specific grounds provided for under the civil code. so, if the reason of the disinheritance is not of those enumerated under civil code, then it has no legal effect. please take note though that grandchildren are not really direct descendants or compulsory legal heirs of their grandparents. in other words, they cannot inherit from their grandparents as long as their parents are still alive. they can inherit only by right of representation, that is, when their parents predeceased (die ahead of) their own parents.
if the property was already transferred to the children during the lifetime of their parents by way of donation or sale, then their own children will inherit the property in their own right and not by right of representation.What if some of the children died already and the property has been transferred to the children? Isn't it that is automatically the inheritance of the grandchildren?
nope. the general rule is that, succession flows like a river. ascendants (like grandparents) are excluded from the inheritance with presence of the descendants.Does the grandparent still have control over that?
nope. nemo dat quod non habet- you cannot dispose of which you do not have.Can they sell without the signature of the grandchildren?





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