Legal succession always takes effect if there is no will or if the testamentary succession is cancelled in whole or in part, Art. 1710 II grZGB. The succession of relatives is divided into four orders by order, with earlier orders excluding later ones, Art. 1819 grZGB. Within the order, the next-appointed heirs are determined by the system of succession by lineage and lineage. Each child of the deceased forms a separate tribe. Grandchildren form corresponding sub-tribes. Within the parentel, the inheritance is distributed according to the number of tribes, but not according to the number of heads, Art. 1813 III grZGB.
To the first order According to Art. 1813 grZGB, all descendants of the deceased, i.e. children, grandchildren, great-grandchildren, etc., belong to the deceased. In principle, the children are entitled to the entire inheritance, unless there is a Spouse of the deceased.
The second order includes the parents of the deceased, their siblings and their children and grandchildren of predeceased siblings, i.e. nephews/nieces of the deceased, Art. 1814 sentence 1 grZGB. The following orders (up to the sixth order) are not discussed here due to their minor relevance. However, it should be mentioned that if, at the time the inheritance is received, neither a relative appointed by law nor a Spouse of the deceased the tax authorities are appointed as the last legal heir, Art. 1824 grZGB.