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Inheritance Law, which is regulated by the Turkish Civil Code, is one of the important branches of Civil Law. In our law;
- Who/whom the assets of individuals will belong to after their deaths
- How the inheritance will be divided into which proportions and how the inheritance division agreement will be made
- The special situation of the deceased person’s spouse (if any); what the heirs can do if the deceased person’s debts exceed their assets
- The real rejection of inheritance; legal rejection of inheritance; how the inheritance division agreement and will are made, how the real and legal rejection of inheritance is done, how to obtain the inheritance certificate, and other questions and issues are answered, which constitute an important part of Izmir Inheritance Law.
It is a common concern what other members of the family can do when the deceased leaves all or most of their property to some of their children, someone outside of the family, their partner or friend. In such cases, citizens generally request to consult with an Izmir inheritance lawyer. We would like to explain this issue in detail so that you have no questions left in your mind. Let’s examine it together:
Who Are Legal Heirs and How Much Can They Inherit?
Under Turkish law, when a person dies, their inheritance goes to their legal heirs and, if appointed, their designated heirs. Legal heirs include blood relatives, adopted children, and spouses.
According to Article 495 of the Turkish Civil Code and subsequent provisions, the deceased person’s descendants are their first-degree heirs.
If the deceased person has no children, their parents become their heirs. If the deceased person’s parents have already passed away, their share of the inheritance goes to their siblings, i.e., the deceased person’s brothers and sisters.
If the deceased person has no children, parents, or siblings, then their grandparents become their heirs.
If a person dies without any heirs, their inheritance goes to the state. You can obtain more detailed information through an Izmir inheritance lawyer.
Can the Spouse of the Deceased Person Inherit?
The spouse of the deceased person can inherit from their estate if they were still married at the time of the person’s death. However, the amount of the spouse’s inheritance will depend on who the other heirs are.
If the surviving spouse is inheriting alongside the deceased person’s descendants, i.e., their children, then the spouse’s share of the inheritance will be one-fourth of the estate. If the surviving spouse is inheriting alongside the deceased person’s parents, then the spouse’s share of the inheritance will be half of the estate.
If the surviving spouse becomes an heir with the grandparents of the deceased, if any, and their children, the spouse’s share of the inheritance will be three-quarters. In this case, the surviving spouse becomes an heir only if the deceased has no children, parents, siblings, or closer relatives.
In Turkish Law, as a natural extension of the property rights and freedom of will principle, the post-mortem disposition of the estate of the testator has also been regulated. The testator is allowed to designate heirs or make bequests of certain assets through wills or inheritance contracts. However, the testator’s freedom of disposition is not unlimited. An Izmir inheritance lawyer acts within the limits of this freedom.
In our law, certain shares of the testator’s heirs are protected by the “reserved portion”. Heirs who are deprived of their lawful share due to the testator’s disposition may file an action for reduction to claim their reserved portion.
Before the amendment made on May 10, 2007, the descendants, parents, surviving spouse, and siblings of the testator could be reserved portion heirs. After the amendment, only the descendants, parents, and surviving spouse of the testator have the status of reserved portion heirs.
According to Article 506 of the Turkish Civil Code; the reserved portion rates for descendants of the testator are half of the statutory inheritance share, and for each parent of the testator, it is one fourth of the statutory inheritance share.
For the surviving spouse, however, these rates vary depending on who the other heirs are. If the surviving spouse is an heir along with the descendants or the parents of the testator, their reserved portion is the entire statutory inheritance share. In other inheritance situations, the reserved portion of the surviving spouse is three-fourths of the statutory inheritance share.
What is Joint Inheritance in the Sharing of Inheritance?
In our legal system, inheritance passes as a whole to the heirs when a person dies. All the assets and liabilities, rights and obligations of the deceased person pass on to their heirs as a partnership under the law and by their own choice. After this point, the heirs must jointly carry out all actions and transactions related to the inheritance. In daily life, to overcome the difficulties created by this situation, it is common to appoint an Izmir inheritance lawyer as a representative. This allows the lawyer to represent the partnership in all legal actions and transactions related to the inheritance, making it easier and more secure to carry them out.
What is Renunciation of Inheritance? How is the Real Renunciation of Inheritance Done?
According to legal regulations, although inheritance automatically passes on to the heirs as a whole at the moment of the deceased person’s death, the heirs are not obligated to unconditionally accept the inheritance.
Within three months after the death of the deceased, the heirs may renounce the inheritance by stating that they do not want it and applying to the Peace Court. (This is also known as the real renunciation of inheritance, which is different from the legal renunciation of inheritance.) For heirs who do not want to accept the inheritance, missing this deadline can result in significant loss of rights. Therefore, it is crucial for heirs to consult an Izmir inheritance lawyer as soon as they learn that they are heirs to avoid any loss of rights and being held responsible for the deceased person’s debts.
Rejection of Inheritance by Operation of Law
If the deceased person has little assets but a lot of debts, or if they have no assets at all and are in debt, the legal system does not expect their heirs to accept the inheritance; the non-acceptance of the inheritance by the heirs of a person in debt is considered to be the norm. However, in such cases, it is well-established in jurisprudence that if the heirs perform any explicit or implicit actions indicating that they have accepted the deceased’s estate, such as withdrawing money from their bank accounts, transferring their real estate or vehicles to their names, or selling the inheritance property, it is deemed that the inheritance has been accepted, and the inheritance cannot be rejected by operation of law. With the help of an inheritance lawyer in Izmir, an application for the rejection of inheritance by operation of law can be made.
Inheritance Division Lawsuits
As mentioned above, at the time of the deceased’s death, all their assets pass as a whole to their heirs, and from this point on, all actions and transactions related to the estate must be carried out jointly by all the heirs. However, of course, this obligation continues until the division of the assets. After the asset division is done, each person will be responsible for their own property. In Izmir, an inheritance lawyer provides services in the process of inheritance law and inheritance division lawsuits.
Inheritance Distribution Agreement
In the resolution of the inheritance partnership by dividing the assets, the parties may make an inheritance distribution agreement by mutual consent. As the inheritance distribution agreement can have significant financial consequences both in terms of form and content, it is very important to obtain support from a lawyer on this matter and to have the agreement prepared by an inheritance lawyer in Izmir.”
If the parties cannot agree among themselves, a lawsuit is filed to dissolve the joint ownership. After this lawsuit, the property is divided.
How to Obtain an Inheritance Certificate?
The inheritance certificate is a document that shows who has the right to inherit according to law. Another name for this document in practice is the certificate of inheritance. The inheritance certificate can be obtained from a notary public or easily obtained by applying to the Peace Courts. However, if there are situations such as one of the heirs being excluded from the inheritance, the deceased person having made a will, or the heirs rejecting the inheritance, obtaining inheritance certificates from a notary public may not yield accurate results.
If you are looking for an Izmir inheritance lawyer, you can contact us. We provide services as a law firm in Izmir for inheritance law cases. You can contact us for an Izmir inheritance lawyer.