Fachanwalt SAV Erbrecht Practice Questions - Fachanwalt SAV Erbrecht Avocat Spécialiste FSA Droit Des Successions (Swiss Certified Specialist Attorney In Inheritance Law) Exam

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Under the Swiss Civil Code (ZGB Art. 457), how is an intestate estate distributed among the decedent's descendants (first parentel) when the decedent leaves two living children and two grandchildren from a predeceased third child, with no surviving spouse?

Each living child receives 1/3 of the estate, and each grandchild receives 1/6 of the estate. The two living children each receive 1/2 of the estate, and the grandchildren inherit nothing. The estate is divided equally among all four descendants, so each receives 1/4 of the estate. The two living children each receive 1/3, and the two grandchildren share the remaining 1/3 equally, but only if they were named in an official family register.

Correct Answer:

Each living child receives 1/3 of the estate, and each grandchild receives 1/6 of the estate.

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