The surviving spouse is the legal heir in accordance with Art. 1820 grZGB. In addition to relatives of the first order (descendants of the deceased), his or her share of the inheritance is always one quarter, regardless of the number of children. If there are no children, the surviving spouse's share of the estate is always half in addition to relatives of the second, third or fourth order. Of course, he or she is only a legal heir for as long as he or she was married to the deceased at the time of the inheritance. A legally binding divorce excludes the right of inheritance. Even if the deceased had filed a well-founded divorce action against his or her spouse at the time of death, this leads to the exclusion of the spouse's right of inheritance, Art. 1822 grZGB.