Legal succession
Statutory succession governs the estate if a testator has not made any so-called "testamentary dispositions mortis causa" through a will or contract of inheritance. In this case, the heirs and inheritance shares are determined by intestate succession.
By law, not all relatives of a deceased testator are entitled to inherit. Rather, the assets are distributed according to legally defined schemes that depend on the degree of kinship to the deceased. The heirs are divided into different classes. For example, children and grandchildren count as first-order heirs. In addition to any surviving spouses, the first-order heirs inherit in priority. Only if a deceased person has no first-order heirs do the second-order heirs take their turn, for example the parents or siblings of the deceased. And this always continues. So if a deceased person has no heirs of the first or second order, only the heirs of the third order come into play. This can get really complicated in some cases, even when it comes to determining the actual share of the inheritance.
Do you have questions about statutory succession or do you need support in enforcing your legal claims to an inheritance? Please contact us.