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Who inherits without a will, and what a will changes
The module’s worked examples, then cases to attempt before revealing their solution · 2 sections · 344 words · 3 min
Worked example
Three children, one line with two grandchildren
A widowed business owner leaves 300,000 € and no will. One of her three children died before her and left two children. Each of the three lines receives one third, that is 100,000 €. The two living children receive 100,000 € each; the two grandchildren split their father's share and receive 50,000 € each.
Practical case
The painting business without a will
A master painter dies without a will. He was married without a marriage contract and had two children: the daughter is alive, the son died before him and left two children of his own. The estate, including the business, is worth 800,000 €. What fraction and what arithmetical share does each heir receive? How does the result change if the spouses had agreed on separation of property?
Hint: Start with the property regime and therefore the spouse's share, then look at the lines of the first order.
Show the solution
Without a marriage contract the spouses lived in the community of accrued gains under section 1363 BGB. Next to descendants the widow inherits one quarter under section 1931(1) BGB, raised by one quarter under section 1371(1) BGB, one half in total: 400,000 €. The other half, 400,000 €, goes to the first order. There are two lines, the daughter and the predeceased son; each receives 200,000 €. The grandchildren take their father's place under section 1924(3) BGB and split his share: 100,000 € each, one eighth each. Under separation of property, section 1931(4) BGB applies because two children are called; section 1924(3) BGB expressly applies there too, so the son's line counts. Widow, daughter and the son's line each inherit one third, about 266,666.67 €; the grandchildren split their third and receive about 133,333.33 € each. In both cases four people form a community of heirs, and any of them can demand division under section 2042 BGB.
Answer: Community of accrued gains: widow 1/2 (400,000 €), daughter 1/4 (200,000 €), each grandchild 1/8 (100,000 €). Separation of property: widow and daughter 1/3 each (about 266,666.67 €), each grandchild 1/6 (about 133,333.33 €).
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