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=S=> BGB 1371. 1 If the property regime is ended by the death of a spouse , the equalisation of the accrued gains is effected by the share of the inheritance on intestacy of the surviving spouse being increased by one quarter of the inheritance ; it is irrelevant here whether the spouses in the individual case have made accrued gains .
=S=> BGB 1371. 2 If the surviving spouse does not become an heir and if he has no right to a legacy , he may demand equalisation of the accrued gains under the provisions of sections 1373 to 1383 and section 1390 ; the compulsory portion of the surviving spouse or of another person entitled to a compulsory portion is determined in this case with reference to the share of the inheritance on intestacy of the spouse before it is increased .
=S=> BGB 1371. 3 Where the surviving spouse disclaims the inheritance , then in addition to the equalisation of the accrued gains he may demand the compulsory portion even if he would have no entitlement to this under the provisions of the law of succession ; this does not apply if he has waived his right of intestate succession or his right to a compulsory portion by a contract with his spouse .
=S=> BGB 1371. 4 Where descendants of the deceased spouse who are entitled to inherit , and who are not descended from the marriage ended by the death of this spouse , are in existence , the surviving spouse has a duty to grant these descendants , if and to the extent that they need these , the means for a reasonable education from the quarter additionally granted under subsection ( 1 ) .
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