Legal succession and compulsory portion simply explained: Who inherits what if there is no will? This is what you need to know!
If a deceased person has left a disposition upon death, such as a will, this document determines the distribution of the estate. However, if there is no will, legal succession comes into force, which also regulates the legal inheritance rights of spouses.
In this case, the spouse inherits together with the first-order heirs. How large the spouse's share is depends in particular on the matrimonial property regime. If there is an equalization of gains, the spouse receives half of the estate, while the remaining share goes to the first-order heirs.
In the event of a separation of property, the spouse and children inherit equally. If there is a child, the spouse inherits one half and the child inherits the other. If there are two children, the inheritance is divided equally into thirds and so on. In a community of property, however, the spouse always inherits a quarter, and the children inherit the rest equally.
How much close relatives generally inherit is determined by legal succession. Assuming there is no will.
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The legal succession is as follows:
To the heirsfirst orderbelong to themChildren and grandchildren and their descendants.
To theSecond order heirsbelongParents and siblings as well as nieces and nephews and their descendants.
To the heirsthird orderbelong to themGrandparents, uncles/aunts and cousins and their descendants.
To the heirsfourth orderbelong to themGreat-uncles and great-aunts and their descendants.
In certain cases, however, heirs are entitled to a compulsory portion. This is the case if legal heirs were given little or no consideration in the will or if relatives have refused their inheritance.
For example, if a testator has made a close friend his sole heir, the heirs (arising from legal succession) are entitled to a compulsory share. However, not all heirs are entitled to this compulsory share.
Which heirs are entitled to a compulsory share?
Spouses, children and grandchildren are entitled to a compulsory portion. Divorced spouses, stepchildren and adopted children are not entitled to a compulsory share. Grandchildren are only entitled to a compulsory share if the testator's children are no longer living. If there is neither a spouse nor children, the testator's parents are entitled to a compulsory share.
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Heirs are obliged to list the entire inheritance, including an estimate of material assets, and to explain this list to those entitled to a compulsory share. The heirs are then obliged to pay out the inheritance.
Those entitled to a compulsory portion have three years after the inheritance to assert their claim. After the three-year period, the claim expires!
