Inheritance Law

Inheritance Law is placed in Turkish Civil Code and main purpose of the law is to protect any right of the people who are counted as family in the law. Defining the Turkish Inheritance Law may look easy but when it is about the execution of the law, it is one of the hardest type of the law. Unfortunately deceasing is the painful side of the life we are born and we die. After the burial procedures you must handle one more thing which the subject of the law: Inheritance

This post aims to provide an overview of inheritance law regulations in Turkey, clarifying key topics such as the certificate of inheritance, wills, the reserved portion, and the renunciation of inheritance. In addition to legal procedures, it will address common problems encountered in practice and their solutions, offering a practical guide to the reader. It is important to remember that the division of inheritance is not merely a legal transaction; it is also a process that affects emotional and family ties. Therefore, having accurate information and acting in accordance with the law is vital for ensuring a fair distribution and preserving peace within the family.

As Erdal Nuhbasa Law Firm we help you to handle this process with our experienced Turkish Inheritance Lawyer. As we mentioned above, Inheritance Law has different rules and complicated process. So, it is the best way to find a Turkish Inheritance Attorney and let him/her tell you all the details and manage the process. Whether you need assistance with the division of assets, representation in disputes, or advice on legal obligations, our team ensures that every step aligns with the applicable laws.

How is the Inheritance Law in Turkey?

Inheritance Law in Turkey has many rules which will be executed for any individual cases. When a person dies, the property and the money of deceased will be divided between heredes or heirs. But the questions come in this stage:

Who will be the heirs?
How many percentage of the heritage should a heir get?
Is there a tax for inheritance?

Inheritance Law in Turkey is governed by the Turkish Civil Code, which ensures the fair distribution of a deceased person’s estate among heirs. When someone passes away, their property, money, and assets are transferred to their legal heirs. The process begins with identifying the heirs, which typically include the spouse, children, and other close family members, depending on the family structure. If the deceased has no close relatives, the estate may pass to the state.

The division of the inheritance depends on specific rules. For instance,

The spouse and children are primary heirs. If the deceased had children, they share the inheritance equally, while the spouse is entitled to a portion alongside them.
If there are no children, the inheritance is divided among other relatives, such as siblings or parents.
Each heir’s share is determined based on their relationship to the deceased.
It’s also important to note that Turkish law recognizes the concept of a reserved portion, which protects certain family members’ rights to a mandatory share of the inheritance, even if a will specifies otherwise.

Inheritance in Turkey is subject to tax, but the rates are relatively low and depend on the value of the inherited assets and the heir’s relationship to the deceased. Immediate family members often pay less tax than distant relatives or unrelated beneficiaries. To ensure that the inheritance process is managed correctly and efficiently, consulting is highly recommended. For more detailed advice, feel free to reach out to us directly!

Who are the heirs according to the Inheritance Law in Turkey?

In Turkey, heirs are primarily divided into two main groups: legal heirs and appointed heirs. These groups determine how the assets of the deceased are to be distributed.

Legal Heirs

Legal heirs are individuals defined by law who have a blood relationship, marital bond, or adoption relationship with the deceased. According to the Turkish Civil Code, legal inheritance is determined by a system of “heir classes” (zümre), which are prioritized as follows:

First Class (Descendants): The children of the deceased, grandchildren, and their descendants. If the deceased’s children are alive, the entire inheritance is passed to them equally. If one of the children has passed away, their share is transferred to their own children (the deceased’s grandchildren).
Second Class (Parents): If there are no heirs in the first class, the inheritance is divided equally between the deceased’s mother and father. If one of the parents has passed away, their share goes to their own descendants (the deceased’s siblings).
Third Class (Grandparents): If there are no heirs in the second class, the inheritance goes to the grandparents and their descendants.

Surviving Spouse: The spouse inherits alongside the other legal heirs. The spouse’s share varies depending on which class of heirs they inherit with. For example, if the spouse inherits with the first class (children), a quarter (25%) of the inheritance goes to the spouse, and the rest goes to the children.

Appointed Heirs

Appointed heirs are individuals designated by the deceased through a will or inheritance contract. The deceased can name any person or institution as an heir, either alongside or instead of their legal heirs. However, this appointment cannot violate the legal heirs’ reserved portions. If it does, the legal heirs with a reserved portion can file a reduction lawsuit (tenkis davası) to protect their rights.

In summary, the inheritance process in Turkey is managed within the framework of legal heir classes defined by law and the rules of appointed heirship, which allow the deceased to freely dispose of a portion of their assets.

What is a Reserved Portion? How Much Percentage of the Inheritance Should an Heir Get?

The reserved portion is a share of an inheritance that the deceased cannot freely dispose of through a will or inheritance contract. This is a legal limitation on the deceased’s will, as the law aims to protect family ties and the minimum rights of heirs. The percentage of the inheritance an heir receives is a complex matter with detailed rules determined by law. Therefore, it is crucial to know the reserved portion rates for each heir.

For Descendants (children): Their reserved portion is half (50%) of their legal share of the inheritance. This portion represents the fundamental right of heirs and cannot be reduced by a will.
For Parents: If the deceased has no children, the reserved portion for each parent is one-quarter (25%) of their legal share.
For the Surviving Spouse: The spouse’s reserved portion varies depending on which group of relatives they inherit with. If they inherit with descendants or parents, their reserved portion is their entire legal share. In other cases, this portion is three-quarters (75%) of their legal share.

When calculating the total value of an inheritance, it is very important to know which assets and debts to include or exclude. This can directly affect the final amount each heir receives.

What is the inheritance tax in Turkey?

Inheritance tax is a kind of tax that you must give to state after you have an Inheritance. It depends on some situations and money that you get by the inheritance that hoc much tax you will pay.

Important points are:

Inheritance tax in Turkey changes between 1% and 30% of the inheritance.
As a foreigner if you inherit a property in Turkey, you must pay inheritance and transfer tax.

Inheritance law is a complex field that requires a careful approach. Sometimes, a person has the right to disinherit one or all of their heirs during their lifetime. This is only possible if a valid reason, as stated in the law, exists. If such a reason is present, the disinherited heir has no right to sue against this decision.

Additionally, if the deceased is a foreigner married to a Turkish citizen, they are subject to Turkish inheritance law. In this case, Turkish Inheritance Law will be applied.

All these reasons clearly show that working with a Turkish lawyer specializing in inheritance law is the most effective way to secure your rights. For more information or questions, please feel free to contact us directly by clicking here.

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