The legal succession is set out in Art. 930-958 Código Civil (CC) is regulated. First and foremost, a distinction must be made between the descending and ascending line. Marital and non-marital descendants belong to the descending line. If descendants exist, they exclude members of the ascending line (parents, etc.). Relatives of the same order inherit - with the same degree of kinship - in equal shares (Art. 921 para. 1 and 2 CC). Closely related children also exclude their own descendants from succession (principle of representation).
Example: M has died unmarried. He leaves behind two children, who each have two children. His parents are also still alive. He has not drawn up a will.
All descendants belong to the descending line. The parents are excluded from succession as members of the ascending line. Within the descending line, the children exclude the deceased's grandchildren from succession. This means that the children each inherit half of the estate. The grandchildren and the parents of the deceased receive nothing. Your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk, will be happy to answer any further questions you may have.