LAW OF HERITAGE

 

  1. INHERITANCE LAW

 

1.1. What is inheritance?

 

It is all the rights, property and debts that a person leaves to his/her surviving family members and legal heirs upon his/her death.Contact for details

 

1.2. Who is called an inheritor?

 

The person whose rights, debts and property will pass to his/her heirs upon his/her death is called the inheritor.

 

1.3. Who is the heir?

 

In the event of the death of the heir, the person who will inherit his/her property and debts is called the heir.

 

1.3.1. Legal Heir

 

In cases where there is no will or the will is invalid, they are the persons who legally inherit the inheritance.

According to the Turkish Civil Code, the legal heirs are the heirs, mother and father, the surviving spouse, the adopted child and the state.

 

1.3.2. Appointed Heir

Although they are not legally heirs, people who have the right to be heirs by will are called appointed heirs.

 

1.4. What is an estate?

 

The sum of active and passive assets left behind by a person upon his/her death is called probate.

 

  1. WHAT IS A CERTIFICATE OF INHERITANCE AND A DECLARATION OF INHERITANCE?

 

TMK Article 598- Certificate of Inheritance

Those who are determined to be legal heirs upon their application shall be issued a certificate of heirship by the court of peace or notary public. The certificate of inheritance is a document issued after the death of the heir and shows who is the heir and to what extent.

 

  1. WHO ARE THE LEGAL HEIRS?

 

According to the Turkish Civil Code, blood relatives, surviving spouse, adopted child and the state are legal heirs.

 

The inheritance share of the spouse varies according to who he/she inherits with.

If the spouse inherits together with the heirs of the heir, 1/4 of the inheritance,

If the spouse inherits together with the parents of the heir, then 1/2 of the inheritance,

If the spouse inherits together with the grandparents of the heir, the spouse inherits 3/4 of the inheritance and if there is no one else, the spouse inherits the entire inheritance.

 

The adopted child is also an heir like a blood relative of the inheritor.

The adoptee and his/her descendants are heirs to the adopter as blood relatives. The heirship of the adoptee in his/her own family also continues. The adopter and his/her relatives are not heirs to the adoptee.

 

  1. WHAT IS THE DIVISION OF PROPERTY AND DEGREE SYSTEM IN INHERITANCE?

 

In our law, legal heirs are determined according to the degree system, in other words, on the basis of categorisation. This degree system consists of three degrees. In order to be a legal heir in the division of inheritance, it is necessary to be in one of these three degrees. If there is an heir in one degree, the persons in the following degree cannot be heirs. Therefore, if there are no legal heirs in the first degree, the inheritance passes to the heirs in the second degree, and if there are no heirs in the second degree, the inheritance passes to the heirs in the third degree. However, the surviving spouse becomes heir together with these persons.

– The first degree heirs of the heir are his descendants, i.e. his children and grandchildren. If one of the children dies, his/her descendants take his/her place in accordance with the principle of succession. In other words, the grandson of the heir becomes the heir in this case.

– Second-degree heirs consist of the heir’s parents, siblings and nephews. If the heir has no descendants, his/her parents are heirs. The places of the parents who died before the heir are taken by their descendants through succession in each degree. In other words, the siblings of the heir take their place in accordance with the principle of succession. However, if one of the siblings dies, then his/her descendants, i.e. the nephews and nieces of the heir, become heirs. If there are no heirs on one side, the whole inheritance remains to the heirs on the other side.

– The third degree heirs are the grandparents of the heir. The heirs of the heir who has no descendants, parents and their descendants are the grandparents. They are heirs equally. If there are no heirs in the third degree and there is no surviving spouse, the inheritance passes to the state treasury.

 

  1. WHAT ARE THE CONDITIONS FOR BEING AN HEIR?

 

In order to be an heir, it is necessary to be alive, to have the capacity of right and not to be deprived of inheritance.

A foetus can only be an heir if it is born alive and full term. The presence of a foetus among the heirs is a reason for delaying the division of inheritance.

 

  1. WHAT IS A RESERVED SHARE? WHO ARE THE HEIRS WITH RESERVED SHARE?

 

The reserved share is a share that is protected by legal regulations and cannot be changed at the will of the heir.

The person who leaves an inheritance may leave some or all of his/her inheritance to persons and institutions without taking into account the reserved share. This transaction is valid until it is cancelled by a lawsuit for restitution.

The heirs with reserved share are descendants (children, grandchildren, great-grandchildren..), mother, father and surviving spouse.

 

  1. WHAT IS A TESTAMENTARY DISPOSITION? WHAT DOES IT CONSIST OF?

 

A testamentary disposition is a legal act by which the heir declares the matters that he/she wants to be done after his/her death.

In our legal system, testamentary dispositions are regulated in two different ways. These are inheritance contract and testament.

 

7.1. Testament

 

The written or oral documents and statements in which the heir explains his/her last wishes and determines the principles regarding the sharing of inheritance are called wills.

Wills are unilateral dispositions and

They become effective upon death.

Persons who have reached the age of fifteen and have the power of discernment may make a will.

 

7.2. Inheritance Agreement

 

Inheritance contract is a death-dependent disposition made bilaterally.

In order to make an inheritance contract, the person must have the power of discernment, be an adult and not be restricted at the same time.

 

  1. HOW IS THE CANCELLATION OF TESTAMENTARY DISPOSITIONS?

 

According to Article 557 of the TCC, the cancellation of testamentary dispositions may be requested for the following reasons.

  1. If the disposition was made at a time when the heir did not have the capacity to dispose,
  2. If the saving was made as a result of mistake, deception, intimidation or coercion,
  3. the content of the disposition, the conditions or obligations to which it is attached are contrary to law or morality,
  4. If the disposition is made without complying with the forms stipulated in the law.

The action for annulment may be brought by the heir who has an interest in the annulment of the disposition or

can be filed by the beneficiary of the will.

 

  1. WHAT ARE THE REASONS FOR DEPRIVATION OF INHERITANCE?

 

The following persons cannot be heirs, nor can they acquire any rights through a testamentary disposition:

  1. Those who intentionally and unlawfully killed or attempted to kill the heir,
  2. Those who intentionally and unlawfully render the heir permanently incapable of making testamentary disposals,
  3. Those who, by means of deception, coercion or intimidation, enable or prevent the heir from making a testamentary disposition or revoking such a disposition,
  4. Those who intentionally and unlawfully abolish or break a testamentary disposition in a situation and at a time when the heir is no longer able to make it again.

Inheritance deprivation is cancelled only with the forgiveness of the heir.

 

  1. HOW IS THE DIVISION OF INHERITANCE MADE?

 

The legal heirs shall share the inheritance according to the same rules, both among themselves and together with the appointed heirs. Unless there is a contrary regulation, the heirs freely decide how the division will be made with their common will. A division agreement is prepared with the participation of all inheritance partners. With the signature of all parties, the way of sharing the existing inheritance is decided.

One of the important principles of sharing is the principle of equality. All heirs have equal rights in accordance with the principle of equality towards each other, regardless of how an heir has become an heir or to what extent he/she is entitled to inheritance.

 

  1. WHAT IS AN INHERITANCE SHARING (DISTRIBUTION) AGREEMENT?

 

In the event that the heirs have agreed to share the inheritance by reaching an agreement, they can go for written or direct sharing. In order to prevent loss of rights, the form of sharing is prepared in writing in the form of an inheritance division agreement and signed.

 

  1. WHAT IS AN INHERITANCE SHARING LAWSUIT AND WHO CAN FILE IT?

 

It is always possible for the heir who cannot agree on sharing and whose right will be damaged to request the sharing of the inheritance in accordance with the right.

 

 

  1. WHAT IS THE COMPETENT AND AUTHORISED COURT IN INHERITANCE DIVISION?

 

The competent court is the Civil Court of Peace. The court of the last settlement of the heir is also the competent court.

 

  1. ARE THE HEIRS RESPONSIBLE FOR THE DEBTS OF THE HEIR?

 

The heirs are jointly and severally liable for the debts of the estate. The creditor may go to any of the heirs and ask for the entire debt.

Heirs who do not want to be responsible for the debts of the estate should reject the inheritance.

 

  1. IS IT POSSIBLE TO REJECT THE INHERITANCE?

 

The legal or appointed heir who does not want to accept the inheritance can reject the inheritance. Rejection of inheritance, i.e. refusal of inheritance, is the rejection of the legal or appointed heirs of the rights and obligations of the inheritance formed together with all kinds of debts and receivables of the heir.

Legal heirs are required to make a declaration of refusal of inheritance to the court of peace in the last settlement of the heir within 3 months from the date of death and learning of their own heirship, and the appointed heirs within 3 months from the notification of the savings.

 

  1. DOES DIVORCE AFFECT INHERITANCE?

 

With the finalisation of the divorce decision, the spouse cannot be a legal heir. Divorced spouses cannot be each other’s heirs. They lose the rights acquired with the death-dependent savings made before the divorce.

 

  1. DOES SEPARATION AFFECT INHERITANCE?

 

The decision of separation does not affect heirship.

 

  1. CAN A CHILD BORN OUTSIDE OF MARRIAGE BE AN HEIR?

 

A child born out of wedlock is automatically related to his/her mother at birth and is the legal heir of his/her mother. However, in order to be the legal heir of the father, a genealogical bond must be established with the father. However, the father who will leave an inheritance can also declare that he recognises the child with a death-dependent disposition. In this way, the child out of wedlock can obtain the right of inheritance.