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=S=> BGB 1931. 1 The surviving spouse of the deceased as an heir on intestacy is entitled to one quarter of the inheritance together with relatives of the first degree , and to one half of the inheritance together with relatives of the second degree or together with grandparents . If there are both grandparents and descendants of grandparents living , the spouse also receives the share of the other half that under section 1926 would pass to the descendants .
=S=> BGB 1931. 2 If there are relatives neither of the first nor of the second degree nor grandparents living , the surviving spouse receives the whole inheritance .
=S=> BGB 1931. 3 The provision of section 1371 is unaffected .
=S=> BGB 1931. 4 If at the time of the devolution of the inheritance there was separation of property and if one or two children of the deceased are entitled as heirs on intestacy together with the surviving spouse , the surviving spouse and each child inherit in equal shares ; section 1924 ( 3 ) applies in this case too .
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