In the case of intestate succession and unworthiness to inherit, the descendants have a “right of succession” if they have survived the decedent. However, the descendants are only entitled if they would have been entitled to the statutory succession even if the person unworthy of inheritance had not existed. The descendants therefore inherit over another descendant who is still alive but who is unworthy to inherit – their right is therefore not dependent on the existence of the unworthy descendant’s right. Therefore, children of the unworthy spouse from the first marriage are not entitled to inherit with regard to the second wife.
If there are no descendants, the legal heirs are appointed according to the general order of succession.
