Query: Can grandchildren be included in the partition of their grandfather's land even if their parents are still alive?

In the Philippines, the distribution of a deceased person's estate is generally governed by the provisions of the Civil Code, specifically those pertaining to legal and testamentary succession. If a person dies without a will, the estate is distributed according to the rules of intestate succession, where the direct descendants, such as children, are the primary compulsory heirs.

However, if a will is made, the testator has the freedom to dispose of his properties in any manner he chooses, provided that he respects the portions of the estate legally reserved for compulsory heirs, as dictated by the Civil Code. These compulsory heirs include the testator's children, spouse, and in their absence, the ascendants.

Grandchildren do not automatically inherit unless their parent (the child of the deceased) predeceases the testator or is deemed unworthy to inherit due to reasons specified by law such as abandonment, abuse, or similar circumstances. In such cases, the grandchildren can inherit by right of representation, where they stand in the legal place of their parent.

However, a grandparent can directly bequeath assets or portions of their estate to their grandchildren through a will, as part of the "free portion" of the estate, which is the part of the estate that is not reserved by law for compulsory heirs. It's crucial for the will to be crafted according to legal standards, including the presence of witnesses and the full capacity and volition of the testator, to ensure its validity.

For grandparents who wish to include their grandchildren in the distribution of their estate, it's advisable to consult with a legal professional to draft a will that clearly states their intentions while adhering to the provisions of Philippine inheritance laws. This approach ensures that their wishes are respected and that the estate is distributed without legal complications after their demise.