Grandchildren When the Heir's Child Is Still Alive: Status and Share
Grandchildren are not heirs as long as their parents are still alive. This article explains hijab, the status of grandchildren, when they become substitute heirs, and the paths of hibah and wasiat so that grandchildren still receive benefit.
Why Are Grandchildren Often Considered Entitled?
In many Indonesian families, grandchildren are seen as an inseparable part of the extended family. When a grandfather or grandmother dies, the question arises: do grandchildren receive a share of the inheritance? The answer depends on one important thing: whether the grandchild's parent, that is, the child of the deceased (pewaris), is still alive or has died earlier. As long as the child of the deceased is still alive, the grandchild does not become an heir within the framework of KHI. This does not mean the grandchild is abandoned; there are other lawful paths that still uphold justice.
The Status of Grandchildren in KHI
KHI Book II regulates heirs in detail. The children of the deceased, male or female, are the primary heirs. Grandchildren, whether from sons or daughters, do not automatically replace the position of the child as long as that child is still alive. The presence of the child of the deceased acts as a barrier or hijab preventing the grandchild from inheriting. This principle ensures that the order of inheritance does not skip a living generation that is still the primary responsibility.
Article 185 KHI regulates substitute heirs. An heir who dies before the deceased can be replaced by his or her children. Thus, this article concerns a child of the deceased who has already died earlier, not a child of the deceased who is still alive. If the child of the deceased is still alive, the grandchild does not yet enter as a substitute heir. Therefore, the distribution of the inheritance must not grant an inheritance share to a grandchild on grounds of affection or custom, except through another mechanism that is agreed upon and lawful.
When Does a Grandchild Become a Substitute Heir?
If the child of the deceased dies earlier, the grandchild may become a substitute heir under Article 185 KHI. Such a grandchild takes the share that his or her parent should have received, and that share is then divided among his or her siblings in a 2:1 ratio between males and females. This provision does not apply to heirs who are barred by Article 173, for example heirs who are convicted of killing or mistreating the deceased. In other words, the death status of the child of the deceased must be ascertained first before calculating the grandchild's share.
Other Paths: Hibah and Wasiat
If a grandchild does not become an heir because his or her parent is still alive, the grandchild may still receive property through hibah (inter vivos gift) or wasiat (testamentary bequest). Hibah is a gift made by the deceased during his or her lifetime, with an adequate deed and preferably recorded properly. Wasiat is a message of the deceased after death. According to KHI, a wasiat may not exceed one-third of the inheritance. A wasiat to a grandchild who is not an heir may be made as long as it does not exceed the one-third limit and does not harm the heirs. If the wasiat is directed to an heir, the consent of the other heirs is required. It should be noted that wasiat wajibah in KHI is provided for adopted children or adoptive parents, not for grandchildren. For hibah and wasiat, it is advisable to consult a notary or ustadz so as not to create a dispute.
A Simple Calculation Example
Pak Hasan dies leaving an inheritance of Rp600,000,000 after debts and funeral expenses are settled. He leaves a wife, Ibu Sari; a son, Budi; a daughter, Citra; and a grandchild, Dewi, the child of Budi. Because Budi is still alive, Dewi is not an heir. The distribution is:
| Heir | Basis | Share | Rupiah |
|---|---|---|---|
| Ibu Sari (wife) | 1/8 because there are children | 1/8 | 75,000,000 |
| Budi (son) | Remainder divided 2:1 | 2/3 of the remainder | 350,000,000 |
| Citra (daughter) | Remainder divided 2:1 | 1/3 of the remainder | 175,000,000 |
| Dewi (grandchild) | Not an heir because Budi is alive | 0 | 0 |
The total is exactly Rp600,000,000. Dewi does not receive an inheritance share, but Budi as her father remains obliged to provide for and educate her. If Pak Hasan wishes to benefit Dewi, he may give a hibah during his lifetime or a wasiat of at most one-third, with proper recording.
Practical Steps for the Family
- First ascertain whether the child of the deceased is still alive or has already died before distribution.
- List all living heirs, including the spouse, children, parents, and so on.
- Separate joint property, settle debts, funeral expenses, and wasiat before calculating the inheritance.
- If a grandchild is not an heir, do not force an inheritance share; use hibah, wasiat, or family deliberation.
- Consult complex cases with the Religious Court (Pengadilan Agama), a notary/PPAT, or a trusted ustadz.
IndoWaris can help draw the family tree and calculate shares according to the data entered, so that the family has an overview that is easy to check. This article is general information, not a fatwa or legal advice for a particular case.
Calculate your own family's inheritance
Build the family tree, see each heir's share under the KHI, then download the chart and PPTX — free.
