What Is a Substitute Heir? Here Is the Meaning and How to Calculate It!

In Islamic law, there are several categories of heirs, one of which is the substitute heir. According to the book *Hukum Kewarisan Islam Indonesia* (Indonesian Islamic Inheritance Law), this category refers to heirs who receive a share of the estate in place of their parent, who passed away before the deceased.

The concept of the substitute heir is set out in Plaatsvervulling, Article 185 of the KHI (Compilation of Islamic Law). The categories of heirs are explained in more detail in the following article.

What Is a Substitute Heir?

Here is the meaning of this category of heir under law and Islam:

1. Under Islamic Inheritance Law

Under Islamic inheritance law, a substitute heir is an heir who stands in for another person in order to receive the share of the estate that person would have received. The rules are set out in Article 185, paragraphs 1 and 2 of the Compilation of Islamic Law, which state:

• If an heir dies before the person who left the estate, their position may be taken by their child, except for the persons mentioned in Article 173.
• The share of the estate received by a substitute heir may not exceed the share of the heir whose position is equal to that of the person being replaced.

2. Under the Civil Code (KUH Perdata)

Under the Civil Code (KUH Perdata), there are 3 types of substitute heirs: substitution in the direct descending line, substitution in the collateral line, and substitution in the deviating line. Based on Article 842 of the Civil Code, substitution in the direct descending line means that when an heir dies, they may be replaced by their child.

Furthermore, under Article 844 of the Civil Code, in the collateral line, a deceased heir may be replaced by their brother or sister, provided that the primary substitute heir (a child) does not exist.

Next, under Article 845 of the Civil Code, substitution in the deviating line means that a deceased heir may be replaced by a nephew or niece who is among the closest blood relatives of the deceased, provided that the child or sibling has already passed away.

In addition, there are several requirements for substitute heirs under the Civil Code, including:

1. A person who takes the place of an heir must meet the requirements to be an heir, that is, they must be alive at the moment the deceased dies, and they must not refuse to accept the inheritance.
2. The person whose place is being taken must already be deceased. You cannot take the place of an heir who is still alive.

How to Calculate the Share of a Substitute Heir

In principle, calculating the share of a substitute heir is almost the same as the usual method for calculating heirs' shares, namely 2 parts for a man and 1 part for a woman.

However, if a grandchild is a substitute heir, the share of the estate they receive is equal to the share their parent would have received as an heir.

Moreover, a substitute heir's share may not exceed the share of an heir whose position is equal to that of the person being replaced. To make this clearer, here is an example case and how to calculate a substitute heir's share.

Example Case

Ahmad, Ari, Maryam and Ana are 4 siblings who receive an inheritance from their parents. Ahmad, Maryam, and Ana have passed away. Maryam and Ahmad each have 1 son and 1 daughter. Ana has only 1 daughter. Now, how should the inheritance of this family be calculated?

How to Calculate the Inheritance

In principle, the heirs are Ahmad, Ari, Maryam and Ana. However, since Ahmad, Maryam and Ana have passed away, their children act as substitute heirs. The inheritance is calculated as follows:

First, calculate each share of the 4 siblings according to the KHI: Ahmad = 2, Ari = 2, Maryam = 1 and Ana = 1. Or, if expressed as fractions, the result is Ahmad = ⅓, Ari = ⅓, Maryam = ⅙, Ana = ⅙.

Second, calculate the share received by each substitute heir.

1. Ahmad's Children

• Since a son receives 2 parts and Ahmad receives ⅓ of the estate, Ahmad's son receives ⅓ × ⅔ = 2/9 of the estate.
• Since a daughter receives 1 part and Ahmad receives ⅓ of the estate, Ahmad's daughter receives ⅓ × ⅓ = 1/9 of the estate.

2. Maryam's Children

• Since a son receives 2 parts and Maryam receives ⅙ of the estate, Maryam's son receives ⅙ × ⅔ = 1/9 of the estate.
• Since a daughter receives 1 part and Maryam receives ⅙ of the estate, Maryam's daughter receives ⅙ × ⅓ = 1/18 of the estate.

3. Ana's Children

• Since Ana has only 1 daughter, all of Ana's share of the estate belongs to her.

So, based on this calculation, the share for each heir is as follows: Ari = ⅓, Ahmad's son = 2/9, Ahmad's daughter = 1/9, Maryam's son = 1/9, Maryam's daughter = 1/18, and Ana's daughter = ⅙.

Do You Know What a Replacement Heir Is?

A replacement heir is a person who receives the share of an inheritance that would have gone to the person they are replacing. However, whatever amount of inheritance you may receive, it is best to keep in mind arranging the funeral of the one who has passed away first.

In this case, we recommend using funeral services of the highest quality, so that the funeral proceeds smoothly and brings peace in bidding farewell. Kamboja is a complete, professional, and trustworthy bereavement service that you can choose.

From funeral services and body preparation to hearses, death certificate processing, coffins, and funeral flowers, everything is available at Kamboja. With affordable prices starting at IDR 35,000/month, Kamboja is the best choice for entrusting your family's funeral arrangements.