Review entry by line.
If a child predeceased the deceased and left descendants, ABGB section 733 may matter. Grandchildren can step into their parent line.
Inheritance dispute
Grandchildren in an inheritance dispute: predeceased child and succession
If a child predeceased the deceased, grandchildren may step into that line. Will and compulsory portion need separate review.
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Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
7 August 2026 · Mag. Bernhard Brandauer, Rechtsanwalt · last updated 14 July 2026
Where a child of the deceased died before the inheritance case, grandchildren often ask whether they step into that place. ABGB sections 732 and 733 regulate the first line and the entry of descendants. In practice, disputes arise when will, compulsory portion and statutory succession overlap.
This is not another general guide to statutory succession. The core article no will and statutory succession remains the starting point. Here the focus is the special case of predeceased children and grandchildren.
Review line
When do grandchildren step into succession?
The assessment separates statutory succession, will and compulsory portion.
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What is the starting point?
The answer shows whether statutory entry or the will is central.
All paths at a glance
Overview of all answers.
Glossary: Statutory succession →
Separate will and compulsory portion.
A will may change the statutory position. Compulsory portion questions under ABGB section 756 may still remain relevant.
Prove family lines clearly.
Where several grandchildren or predeceased children are involved, exact family lines decide the analysis. Civil status records matter more than family memory.
How grandchildren enter through their parent line
How grandchildren enter through their parent line
ABGB section 732 places children and descendants in the first line. ABGB section 733 provides that descendants of a predeceased child may take that child position.
This does not mean grandchildren always inherit in addition. They enter their parent line. The concrete share depends on family constellation, will and other participants.
Why will and substitute heirs are reviewed separately
Why will and substitute heirs are reviewed separately
A will may name substitute heirs or provide a different distribution. Then statutory succession alone is not enough.
The article on substitute heirs and accretion explains the testamentary level. It must be kept separate from statutory entry by line.
Which records matter in disputes involving grandchildren
Which records matter in disputes involving grandchildren
Birth certificates, death certificates, marriage records and where relevant adoption or name change documents are needed. Order matters especially in patchwork or cross border situations.
Relying only on family stories creates gaps in probate. A clear line overview helps communication with the court commissioner and other participants.
For grandchildren in inheritance disputes, the family line comes first. Then will, compulsory portion and procedure can be assessed.
Frequent questions
Grandchildren and predeceased child
Do grandchildren inherit automatically if a parent died first? +
Under statutory succession, entry by line may apply. Scope depends on family line and other circumstances.
What changes if there is a will? +
A will may name substitute heirs or distribute differently. Compulsory portion issues still need separate review.
Which documents do grandchildren need? +
Birth, death and civil status records are central. They prove the line on which the claim is based.
Topics
GrandchildrenStatutory successionSubstitution by lineCompulsory portionInheritance dispute
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