Statutory Succession as an Order System
If there is no will or if not all assets are covered, the succession of assets is governed by statutory provisions. Statutory succession is not random but follows a tiered system. The determining factor is which relatives are in proximity to the deceased and whether there is a spouse or registered partner.
Classification is according to orders. Under the basic principle of statutory succession, a higher order excludes subordinate orders from inheritance as long as there is at least one eligible person in the higher order.
Orders of Relatives’ Inheritance
Heirs of the First Order
The first order includes the descendants of the deceased, especially children and further descendants. If a child is not eligible to inherit at the time of death, for instance because they predeceased, their line generally takes their place. The statutory distribution is based on lines: Each line receives an equal share; within a line, distribution then takes place among the respective descendants according to statutory rules.
Heirs of the Second Order
If there are no heirs of the first order, the second order is considered. This includes the deceased’s parents and their descendants, especially the deceased’s siblings and their descendants. The principle of representation and substitution also applies in this order: If both parents are alive, they inherit equally; if one parent is absent, their share typically goes to their descendants.
Heirs of the Third Order
Heirs of the third order are the grandparents of the deceased and their descendants. The distribution is based on grandparental lines. If the grandparents are no longer alive, their children and further descendants take their place. This order becomes relevant only if there are neither first nor second order heirs.
Further Orders
If there are no heirs of the third order, the law provides further orders that connect to more distant ancestors and their descendants. Here too, the priority of the closer over the more distant order applies. In practical casework, this typically plays a role when there is no immediate family connection.
Position of Spouses and Registered Partners
Fundamental Involvement alongside Relatives
The spouse or registered partner is regularly a statutory heir alongside relatives. The specific share depends on which relatives are called to inherit and the marital property regime applicable during marriage. The statutory share cannot be determined in isolation but only in conjunction with the respective relatives’ order and the marital property regime.
Dependence on Order and Marital Property Regime
The spouse’s share is structured differently when there are heirs of the first order than when there are heirs of the second order, or when only more distant orders exist. Additionally, the statutory marital property regime may influence the calculation of the inheritance share. The statutory regulations are thus standardized and are tied to the family and marital property relationship.
Distribution Mechanisms within an Order
Principle of Equal Treatment by Lines
In the orders based on descendants or the descendants of parents and grandparents, the assignment of inheritance shares follows the line principle. This means: First, it is determined which lines exist; then distribution is carried out within the respective line. This prevents a larger number of descendants in one line from reducing the share of another line.
Right of Substitution upon Loss of an Heir
If a person who would otherwise be called to inherit (e.g., due to predecease) is lacking, the law provides for the entry of descendants in certain constellations. The succession does not ‘wander’ arbitrarily but follows the statutory representation within the respective line.
Limits of Statutory Succession
Statutory succession only applies if there is no valid will or if a will does not cover all legal positions. Moreover, individual statutory positions can be influenced by special inheritance regulations. Determining the exact inheritance shares regularly requires a structured examination of family relationships, marital property status, and any prior regulations.
Classification by MTR Legal Rechtsanwälte
Statutory succession is characterized by an order and quota model that depends in individual cases on multiple factors and in practical application requires a precise assessment of the relevant family and marital property circumstances. If clarification is needed, those affected and involved can find further information from MTR Legal Rechtsanwälte via the following link to Legal Advice in Inheritance Law.
