Grandchildren and great grandchildren can inherit from an estate of the deceased. According to common practice, the method of dividing property depends on whether or not there is a will. Estate is divided as per the deceased wishes in their will. In case of death without a will, several factors are considered. These could be the bloodline and the next of kin.

The ranking of beneficiaries of an intestate is provided under Part V of the Succession Act. Where an intestate has left no surviving spouse or children, intestate estate shall devolve following the order of priority. The court ranks the relatives who are in the nearest degree all the way to the last inline in priority. This means the deceased siblings, all the way up to the great grandchildren can inherit from the estate of the deceased.

Where the children of the deceased pass away before receiving their inheritance, the next in line to receiving the said inheritance will be their children. Generations accounted from the intestate begin with the parent according to the law. They run up to the common ancestor and then down to the particular relation. The assumption that all next of kin will be related to the same level of common ancestor is wrong.

Therefore, the term “next of kin,” for intestate succession purposes only, is understood in the primary sense of those nearest to the intestate by blood. If a person is claiming to be a next-of-kin, he/she must account for all the reason-able possibilities of relationship in equal degrees derived from each different level of common ancestors.

Therefore, the ranking of beneficiaries of an intestate, gives grandchildren an opportunity to inherit in the event that the deceased intestate has no surviving spouse and children.