Do the children of our brother who died three years ago have the right to inherit part of the property left by our brother who just died this year?

In the context of Philippine law, inheritance rights are governed by the Civil Code of the Philippines. Understanding who can inherit from a deceased person's estate requires analyzing the rules of intestate succession, which apply when a person dies without a will.

Legal Basis for Inheritance

Under the Civil Code of the Philippines, intestate succession is determined by the closest degree of consanguinity to the deceased. The legal heirs are classified into compulsory heirs, which typically include the surviving spouse, children, and parents. In the absence of these compulsory heirs, the estate passes to the collateral relatives.

Collateral Relatives and Representation

Representation Principle:
- According to Article 972 of the Civil Code, the right of representation takes place in the direct descending line but never in the ascending line. It is also recognized in the collateral line but only in favor of the children of brothers or sisters of the decedent.
- This means that if a brother or sister of the deceased has already passed away, their children (the nieces and nephews) can represent them and inherit their share.
Order of Succession:
- If the deceased left no spouse, children, or parents, the estate passes to the siblings of the deceased.
- If any sibling of the deceased has already died, their children can represent them and inherit their share of the estate.

Application to the Scenario

Siblings of the Deceased: Since your brother who just died has no spouse and no children, his estate would typically be inherited by his surviving siblings.
Predeceased Sibling’s Children: The children of your brother who died three years ago can inherit through the right of representation. This means they are entitled to the share that their father (your deceased brother) would have inherited if he were still alive.

Example Distribution

If there are three surviving siblings, including you, and two children of the predeceased brother, the estate would be divided as follows:

Each surviving sibling gets one share.
The share that would have gone to the deceased brother is divided equally among his two children.

For instance, if there are three surviving siblings (A, B, and C) and two children of the deceased brother (D1 and D2):

The estate is divided into four parts (for A, B, C, and the share for the deceased brother).
The share for the deceased brother is then divided equally between D1 and D2.

Conclusion

The children of your brother who died three years ago have the legal right to inherit the part of the property left by your brother who just died this year, through the right of representation. They will inherit the share that their father would have been entitled to if he were still alive. It is advisable to consult with a lawyer specializing in family law to ensure proper distribution and compliance with legal procedures.