Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Inheritance law is the body of laws that determine how a person’s estate is handled after their death. It covers the distribution of assets, payment of debts, and the rights of heirs. The specifics of inheritance law vary by jurisdiction, but the general principles remain consistent across most legal systems.
Turkish inheritance law is regulated by the Turkish Civil Code, detailing rights for legal and appointed heirs, wills, inheritance contracts, and estate division. It ensures fair distribution and protects family members’ rights, applicable to both citizens and foreigners with assets in Turkey.
Legal heirs include descendants, spouse, parents, siblings, and grandparents, with shares varying based on who survives.
Key components of inheritance law include:
Wills and Testaments: A will is a legal document that outlines how a person’s assets should be distributed after their death. It allows individuals to specify their wishes regarding their estate, name guardians for minor children, and appoint an executor to manage the process. Without a will, the estate is distributed according to intestacy laws, which may not align with the deceased’s wishes.
Intestate Succession: When a person dies without a will, their estate is distributed according to the laws of intestacy.
Testate Succession: When a person leaves a valid will, their estate is distributed according to their wishes as outlined in the will.
Heirs: Individuals who are legally entitled to inherit from the deceased, such as spouses, children, or other relatives.
Executor/Administrator: The person responsible for managing the estate and ensuring the distribution of assets.
Reserved Share : Certain heirs are entitled to a “reserved share” of the estate, regardless of the deceased’s wishes. This ensures that close family members, such as spouses and children, receive a minimum portion of the estate.
One of the unique features of Turkish inheritance law is the “class (zümre) system,” which organizes heirs into three hierarchical classes: Inheritance in Turkey is organized into three “classes.”
| Condition | Spouse's Share | Other Heirs' Share |
|---|---|---|
Descendants (children, grandchildren) present |
1/4 |
Descendants get 3/4, shared equally |
No descendants, parents present |
1/2 |
Parents share 1/2 equally |
No descendants or parents, siblings present |
1/2 |
Siblings share 1/2 equally |
No closer heirs, grandparents present |
1/4 |
Grandparents share 1/4 equally |
No heirs other than spouse |
%100 |
None |
After the passing of a loved one, the heirs must get an inheritance certificate (veraset ilamı) to formalize their legal right to the estate. This certificate is issued by either:
The certificate is a critical document—it enables the legal transfer of both movable and immovable assets. However, when multiple heirs are involved, coordinating the transfer of real estate and other assets can be challenging. In such cases, legal action may be required to partition the estate and resolve disputes.
Not every inheritance is beneficial. If the decedent’s liabilities exceed their assets, heirs have the right to renounce their share. This decision must be made within three months of the death. It’s important to note that partial renunciation is not permitted.
When heirs cannot agree on how to divide the estate, they can initiate a partition lawsuit, commonly known as the “Ortaklığın Giderilmesi Davası” or partition of joint property.
This process not only ensures a fair division of the estate but also provides a mechanism to resolve conflicts without prolonged disputes.
Individuals can determine the distribution of their assets through:
However, these testamentary dispositions are subject to legal limitations. The Turkish Civil Code imposes restrictions to protect the rights of certain heirs—specifically through the “reserved portion” (saklı pay) mechanism.
In certain cases, if the conditions for a testamentary disposition are not met or if the reserved portion is compromised, heirs may challenge the validity of such dispositions through:
These legal remedies provide an additional layer of protection for heirs, ensuring that the decedent’s final wishes do not unfairly disadvantage those who are legally entitled to a share of the estate.
Making your way through inheritance law can be complicated, whether you are dealing with property division, disputes between heirs, or need help with legal documents such as wills and life care agreements. Our experienced team is here to provide clear, accessible advice specific to your situation. We guide you through every step of the process, from obtaining a certificate of inheritance to resolving disputes in court, while ensuring your rights are protected. Our services will be:
Our approach combines in-depth legal expertise with a commitment to clear communication, ensuring that every client understands their rights and the legal options available. If you have further questions or need personalized legal advice, please contact me – we are here to help!
