There are clear legal provisions regarding who is considered in the event of inheritance when no will is present or when a will leaves certain questions unanswered. Of principal importance is a hierarchy of groups, referred to as “orders” in the law. Only when there are no entitled individuals in a higher order does the subsequent order come into play. In addition to this ranking system, other rules apply, such as those concerning spousal or civil partner inheritance rights and adoptive and stepchild relationships.
Statutory Succession as a Starting Point
Scope of Application
Statutory succession especially applies when there is no valid will or when the will does not cover the entire estate. At the same time, it serves as the legal reference framework for determining inheritance quotas unless explicit alternative arrangements have been effectively made.
Basic Principle of Orders
The system of orders is based on family proximity: descendants are prioritized over parents and siblings, who in turn are prioritized over grandparents and their descendants. The existence of even just one heir of a higher order excludes the entitlement of a lower order.
First Order: Descendants of the Deceased
Who Belongs to the First Order
The first order includes the children of the deceased, as well as their children (grandchildren) and other descendants. Inheritance generally follows the lines of descent.
Right of Succession and Distribution by Stems
If a child of the deceased is no longer alive at the time of inheritance, their descendants take their place. Distribution then occurs by stems: each stem receives the share that would have gone to the deceased child, and within the stem, this share is further divided.
Equal Treatment of Legitimate and Illegitimate Children
For statutory succession, the decisive factor is descent, not the marital status of the parents. Children are therefore entitled to inherit regardless of whether they were born within or outside of marriage.
Adoption and Stepchildren
Adopted children are generally treated as biological children in relation to their adoptive parents. Stepchildren, on the other hand, do not belong to statutory succession without adoption, as there is no legal relationship of descent.
Spousal and Civil Partner Inheritance Rights
Alongside which orders a share arises
The surviving spouse or registered civil partner is not categorized as an “order” in statutory succession but receives their own legal share beside relatives. The resulting quota depends on the relatives present beside the spouse and the marital property regime.
Basic Structure of Quotas
If descendants (first order) exist, the spouse inherits a legally predefined quota alongside them. In the absence of descendants, but presence of relatives of the second order (parents and their descendants) or grandparents, the quota shifts to favor the spouse. If such relatives are absent, the estate generally entirely devolves to the spouse.
Second Order: Parents of the Deceased and Their Descendants
Group of Individuals
The second order includes the parents of the deceased and their descendants, particularly the deceased’s siblings and, if siblings have predeceased, their children (nieces and nephews).
Distribution by Lines
Within the second order, division is initially according to parental lines: one half goes to the maternal line and the other to the paternal line. If a parent has predeceased, their descendants take their share of the inheritance in the respective half.
Third Order: Grandparents and Their Descendants
Group of Individuals and Systematics
The third order includes the grandparents of the deceased and their descendants. Eligible to inherit are, among others, aunts and uncles, provided no closer individuals of this order are present or eligible.
Line Principle
In this order as well, distribution follows lines: one half goes to the paternal grandparental line and the other half to the maternal grandparental line. Within these lines, the right of succession applies in favor of the descendants of predeceased individuals.
Fourth Order and Beyond: Ancestors
From the fourth order, the statutory succession includes great-grandparents and their ancestors. As the order increases, the principle of proximity recedes further; it remains crucial that each higher order excludes the following one. In practical estate settlement, these orders mainly become significant when close relatives are not present.
Demarcations and Typical Constellations
Exclusion of Lower Orders
The central turning point always revolves around the question of whether there are members of the first order. If this is the case, the second and further orders are excluded from the statutory succession. Accordingly, in the absence of descendants, it is checked whether persons of the second order exist, and so on.
Significance of Family and Personal Statuses
Inheritance shares and participations depend not only on kinship relations but also on whether a marriage or civil partnership existed and which legal property consequences are associated with it. Additionally, status questions (e.g., adoption) can be decisive for the assignment to an order.
Classification from the Perspective of Estate Practice
The order system establishes clear priorities but does not replace the examination of the specific family and asset structure. Even minor deviations in personal status or family structure can significantly influence the distribution of the estate. Those who, in this context, wish to understand the legal framework of the statutory succession in their own situation can clarify this within the framework of professional support from MTR Legal; further information on legal advice in inheritance law can be found on the law firm’s website.
