Erdal Nuhbasa – Law and Consulting Firm – Legal Services

ERDAL NUHBASA 

LAW AND CONSULTING FIRM

          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

          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. 

     Dealing with inheritance matters often involves both legal complexities and emotional challenges. Turkish Inheritance Law is designed to ensure a fair distribution of assets among heirs while protecting the legal rights of all parties involved. However, the detailed procedures, such as determining heirs, obtaining a certificate of inheritance, and navigating probate processes, can be overwhelming for someone unfamiliar with the law. Additionally, disputes among heirs or issues involving foreign nationals with assets in Turkey can further complicate the process. This is why seeking professional guidance is essential for a smooth resolution.

     At Erdal Nuhbasa Law Firm, our Turkish Inheritance Lawyers are dedicated to providing comprehensive legal support during this challenging time. 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. We aim to offer not only legal expertise but also a compassionate approach, helping you focus on healing while we handle the legal intricacies of inheritance matters.

    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?

     Legal heirs according to the Inheritance Law in Turkey:

  •  The first heirs of a deceased person (children and husband/wife)
  •  If the deceased person doesn’t have any child, the deceased parents are the heirs 
  •  If the deceased’s parents are not alive, the deceased’s siblings are the heirs
  •  At most the grandparents and if they are not alive their children can be the heirs of deceased person. 
   How many percentage of the heritage should a heir get?

   As we mentioned before Inheritance Law in Turkey has many detailed rules. This is one of them the answer for the: How many percentage of the heritage should a heir get/have? 

Basically we will give you some information about the percentage of the heirs: 

  • The reserved portion and legal inheritance right of the children is 75 percent of the legal portion.
  •  If the deceased doesn’t have any children, the reserved portion of the inheritance for the mother and father is %50 of the heir.
  •  If the parents are deceased the reserved portion or siblings is %25 of the heir.

  While you are calculating the value of the inheritance it is important to know what to include or exclude. 

    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.
money, tax, law

           Also sometimes it is possible for a person to ban one or all of his/her heirs while he/she is alive. Of course for that kind of situation testator must have a probable cause for the ban. And if he has it, the banned heir cannot sue the testator. Another point that can be related to your case that; a foreigner married to a Turkish citizen is subjected to Turkish law which means that Turkish Inheritance Law will be implemented. 

          With the reasons that we mentioned above, it is so clear that having a Turkish Lawyer with the Inheritance Law will secure your rights. For more details or questions please contact with us by clicking here