Inheritance Law

Inheritance law is the branch of law that regulates the transfer of a person’s assets to their heirs upon death. Detailed under the Turkish Civil Code, inheritance law determines the rules regarding both legal heirship and succession via a will. Upon the moment of death, all assets, rights, and debts belonging to the deceased (the legator) are transferred to the heirs.

In practice, complex legal issues often arise. Disputes among heirs, calculation of inheritance shares, and the determination and distribution of the estate require specialized expertise. Therefore, obtaining support from an experienced inheritance lawyer is of vital importance in protecting one’s rights.

Lawsuit for Collusion of the Legator

This lawsuit is filed to determine that the dispositions made by the legator during their lifetime were not genuine and were made with the intent to deprive heirs of their inheritance. For instance, a transfer might appear as a real estate sale, but in reality, no payment was made.

· Proof: The plaintiff must prove the collusion with concrete evidence, such as witness statements and financial records.
· Outcome: The lawsuit seeks the annulment of the collusive transaction and the return of the property to the estate (tereke).

Wills and Testaments

A will is a unilateral declaration of will by which a person determines how their assets will be distributed after death.

For a will to be valid, it must comply with the formal requirements stipulated by law. Otherwise, the will is considered legally invalid, and the distribution of the inheritance will be carried out according to legal inheritance rules. Seeking legal advice when drafting a will is important to prevent potential disputes.

Official Will (Resmi Vasiyetname):

Drawn up before a public official (Notary or Judge) with two witnesses. It is the most secure form.

A formal will is the only valid method, especially for illiterate individuals. Furthermore, a formal will is the least controversial type of will in terms of formal requirements. Because it is recorded and kept securely, the risk of loss or alteration is also minimal.

Holographic Will (El Yazılı Vasiyetname):

Entirely handwritten, dated, and signed by the legator. It must include the specific day, month, and year to be valid.

An important point to consider in a handwritten will is the necessity of specifying the exact date. Wills lacking the day, month, and year information may be considered invalid. Furthermore, wills typed on a computer and only signed, or those written and signed by someone else, are not valid. Having a handwritten will reviewed by a legal professional can prevent potential problems later on.

Oral Will (Sözlü Vasiyetname):

An exceptional form used only in extraordinary circumstances (danger of death, war, epidemics). It loses validity once the extraordinary situation ends if the legator has the opportunity to make a formal will.

The validity of an oral will is limited and conditional. If the testator has the opportunity to draw up a will in the normal way after the state of emergency ends, the oral will loses its validity. Furthermore, the validity of the oral will must be determined by applying to the court within a certain period from the date it was made.

Lawsuit for Determination of the Estate (Terekenin Tespiti):

Filed to identify all movable and immovable properties, bank accounts, and debts of the deceased at the time of death.

Tereke tespiti davası ile taşınır ve taşınmaz mallar, banka hesapları, hisse senetleri, alacaklar ve diğer tüm varlıklar tespit edilir. Aynı zamanda miras bırakanın borçları da tespit edilerek net tereke değeri ortaya çıkarılır. Bu dava, miras paylaşımından önce açılarak sağlıklı bir paylaşım yapılmasını sağlar.

Action for Reduction (Tenkis Davası):

Filed by reserved share heirs (descendants, parents, and spouse) to protect their mandatory minimum portion of the inheritance if it has been violated by the legator’s prior donations or will.

A testator may, through donations or wills made during their lifetime, infringe upon the reserved shares of heirs entitled to a reserved share. In such cases, heirs entitled to a reserved share can initiate a lawsuit for reduction to ensure their reserved share is fully paid. The lawsuit aims to reduce the disposition that infringes upon the reserved share and to ensure the completion of the reserved payment.

For a reduction of inheritance shares lawsuit to be filed, the testator must have died and the inheritance must have been opened. The lawsuit must be filed within one year, and in any case within ten years, from the date of learning of the testator’s death. The calculation process in a reduction of inheritance shares lawsuit is quite complex, and it is essential to work with a specialist inheritance lawyer.

Inheritance Property Division

Inheritance distribution is the process of distributing the deceased’s assets among the heirs. Heirs are subject to a joint ownership regime over the estate, and until the distribution is completed, no heir can independently dispose of any specific asset in the estate.

Inheritance distribution can be done by agreement among the heirs or by a court decision. Heirs can draw up a distribution protocol among themselves. However, if an agreement cannot be reached, each heir can request a court to conduct the distribution. The court will make a decision on the distribution, taking into account the nature of the estate and the interests of the heirs.

During the division of assets, common debts are paid first, then the heirs’ inheritance shares are calculated. If there are immovable properties, they can be allocated as is, or they can be sold and the proceeds distributed. In division cases, expert appraisals are conducted to determine the value of the assets.

Partition Lawsuit

A partition lawsuit is a lawsuit filed to terminate the co-ownership of a jointly owned property, allowing each co-owner to receive their rightful share. In cases of inherited property, co-ownership may arise among the heirs, and if an agreement cannot be reached between the parties, a partition lawsuit is filed.

In the case, the court examines whether the property can be divided in kind. If division in kind is possible, the property is divided into parcels and allocated to the co-owners. If division in kind is not possible, or if the co-owners request it, the property is sold and the proceeds are distributed among the co-owners. The sale can be conducted through auction or negotiation.

In a partition lawsuit, one co-owner may claim more than their allotted share and offer to purchase the shares of the other co-owners. In this case, the court may give priority to the co-owner making the offer.

Certificate of Inheritance

A certificate of inheritance is an official document that identifies the heirs of the deceased and their respective shares of the inheritance. Obtained from the civil court, this certificate is a fundamental document necessary for heirs to exercise their rights to the inheritance.

Without a certificate of inheritance, heirs cannot access the deceased’s bank accounts, transfer real estate, or carry out other inheritance transactions. A lawsuit for a certificate of inheritance can be filed by any of the heirs. The court determines who the deceased is, the heirs’ shares of the inheritance, and the deceased’s assets.

Identifying the legal heirs is crucial in obtaining a certificate of inheritance. The deceased’s marital status, children, parents, and other relatives must be fully identified and reported to the court. Providing incorrect or incomplete information may result in the certificate of inheritance being invalidated.

Conversion of Joint Ownership into Co-ownership

When an inheritance is opened, the heirs are subject to a joint ownership regime over the estate. In joint ownership, heirs have joint rights to the property, and no heir can transfer or dispose of their own share individually. This situation can lead to various difficulties for the heirs.

Heirs can agree or apply to the court to convert joint ownership into co-ownership. The transition to co-ownership requires the division of the estate or the determination of shares among the heirs in proportion to their inheritance shares. Once co-ownership is established, each heir becomes free to dispose of their own share.

The conversion of joint ownership to co-ownership is carried out through a partition agreement drawn up before a notary public or a court decision. This conversion becomes necessary, especially if one of the heirs wishes to sell their share or wants to establish a mortgage on the property.

The Importance of an Inheritance Lawyer

Inheritance law is technically demanding due to mandatory share calculations and procedural requirements. An experienced inheritance lawyer:

· Manages the legal determination of heirship.
· Handles complex litigation such as collusion, reduction, and partition cases.
· Provides mediation to resolve family disputes before they escalate.
· Drafts legally sound wills to prevent future litigation.

At Akdemir Legal, we provide professional support at every stage of inheritance law with our extensive experience. For all your questions and legal needs regarding succession in Türkiye, please feel free to contact us.

What are Inheritance Law Cases?

There are numerous types of lawsuits that can be filed under inheritance law. The most common inheritance lawsuits are as follows:

Inheritance certificate lawsuit: A lawsuit filed to determine the heirs. Estate determination lawsuit: A lawsuit filed to determine the assets of the deceased. Reduction of inheritance share lawsuit: A lawsuit filed to protect the reserved share. Fraudulent disposition lawsuit by the deceased: A lawsuit filed to annul the fraudulent dispositions of the deceased. Property division lawsuit: A lawsuit filed to divide the estate among the heirs.

In addition to these, lawsuits for the annulment of wills, requests for interim measures to prevent fraudulent transfer of inheritance assets, disinheritance lawsuits, lawsuits related to inheritance agreements, and lawsuits for the conversion of joint ownership into co-ownership are also among the inheritance law cases.

Each type of lawsuit is subject to its own specific conditions and procedural rules. Consulting with a specialist inheritance lawyer before filing a lawsuit is critically important for determining the correct legal strategy.

Inheritance Lawyer Fees

Inheritance lawyer fees vary depending on the type and complexity of the case, the value of the estate, and the lawyer’s experience. The minimum fee schedule determined annually by the Turkish Bar Association sets a lower limit for lawyer fees. However, the parties are free to agree on a higher rate.

In inheritance cases, the value of the property in dispute can be high, so attorney fees can increase accordingly. However, a good lawyer can save the heir money in the long run because they prevent losses that may arise from incorrect procedures and protect the client’s rights to the highest degree.

In inheritance cases, the value of the property in dispute can be high, so attorney fees can increase accordingly. However, a good lawyer can save the heir money in the long run because they prevent losses that may arise from incorrect procedures and protect the client’s rights to the highest degree.

Before beginning to work with a lawyer, it is important to have a clear agreement on fees, to draw up a written power of attorney agreement, and to clearly define the payment terms. Transparent and honest fee management is fundamental to a healthy lawyer-client relationship.

Inheritance law processes can be challenging, both legally and emotionally. At Akdemir Legal, with our experience in inheritance law, we provide professional support to our clients at every stage. You can contact us for all your questions and legal needs regarding inheritance law.