Inheritance Lawyer in Turkish Law

In our Turkish legal system, inheritance law is one of the four main branches of civil law. Inheritance lawyers provide legal consulting and representation services in all types of cases and disputes related to inheritance law. Inheritance refers to the transfer of a person’s entire assets, including both active and passive properties, to their heirs or those designated as heirs after their death. In other words, with the death of a person, both their assets and debts are passed on to their heirs. In the legal system, the assets that are transferred to the heirs upon a person’s death are referred to as the estate.

Cases and disputes in inheritance law are matters that concern nearly everyone and involve complex processes. After the death of the decedent (the person who passed away), various issues may arise concerning the division of the inheritance. One of the most significant problems is the injustice caused by the decedent transferring their assets to certain individuals or showing a sale before death, leading to grievances. Another common issue in inheritance law occurs when movable and immovable properties left behind after the death of our ancestors (such as parents, grandparents) are not distributed on time, and as years pass, the number of heirs increases. Therefore, the resolution of disputes resulting from such neglect or actions leads to a lengthy and challenging process, and it is essential to seek legal assistance from an expert in inheritance law.

Inheritance lawyers deal with numerous cases and disputes in this field. In our office, we have extensive experience in resolving disputes and cases in inheritance law. Some of the most common cases we have handled include the preparation of wills, inheritance rejection lawsuits, reduction lawsuits (tenkis), property title cancellation lawsuits, and cases of fraudulent transfers (muris muvazaası), along with many other inheritance law disputes that we have successfully resolved.

Transfer and distribution of inherited movable and immovable property,
Lawsuit for the dissolution of joint ownership (Izale-i Şuyu),
Collection and distribution of money in banks and other institutions left as inheritance,
Obtaining an inheritance certificate, cancellation of the inheritance certificate,
Determination and division of the estate (inherited assets),
Reduction of the inheritance (tenkis), balancing of shares,
Lawsuits for annulment and registration in cases of fraudulent transfers (Muris Muvazaası),
Lawsuit for the inheritance rights of designated heirs derived from the will,
Making inheritance contracts, renouncing inheritance, contracts for maintenance until death, donations and foundation establishment by will,
Lawsuit for the annulment of transactions in cases of asset concealment from the inheritance,
Lawsuits for renunciation of inheritance and disinheritance.

Who is an heir in Turkish law?

In Turkish law, there are two types of heirs under inheritance law. One is legal heirs, and the other is designated heirs. The basic regulations regarding inheritance law are outlined in the Turkish Civil Code, No. 4721.

Legal heir: Legal heirs inherit from the deceased, without the need for the deceased’s special request or will, through blood relation. Legal inheritance is regulated in Articles 495-501 of the Turkish Civil Code. According to these provisions, the legal heirs are the deceased’s blood relatives, adopted children, descendants, and the surviving spouse.

Designated heir: A designated heir is someone to whom the deceased has bequeathed all or part of their estate through a will made before their death.

It should also be noted that not all legal heirs inherit at once. The Turkish Civil Code has established a system called the “group system” to ensure fairer distribution of the inherited estate. According to this system, the inheritance is distributed among the blood relatives of the deceased, starting from the first-degree relatives, depending on their survival. To explain these groups:

First-degree legal heirs: These include the deceased’s children, grandchildren, and great-grandchildren. If applicable, adopted children are also treated as descendants and inherit.
Second-degree legal heirs: These heirs come into play if there are no surviving first-degree heirs. The deceased’s parents and siblings are considered second-degree heirs.
Third-degree legal heirs: These include the deceased’s grandparents. However, these individuals can only inherit if there are no surviving first-degree or second-degree heirs. In other words, the deceased’s descendants, parents, or their descendants must have predeceased them. The place of the deceased grandparents will be taken by their descendants through succession, meaning that if the grandparents passed away before the deceased, their children (the deceased’s uncles, aunts, etc.) and their descendants will inherit.

In Turkish law, what is a will?

A will is a document in which a person arranges who will inherit their property and how it will be divided after their death. In our legal system, this is defined as a disposition based on death. In this way, the person makes a disposition regarding their property while they are still alive, which will take effect after their death.

A will can be prepared in three different ways. These are: official will, oral will, and handwritten will.

Official Will: An official will is prepared in the presence of a notary and two witnesses. After the testator communicates their last wishes to the notary, the notary writes them down and gives them to the testator to read. After reading, the testator tells the notary and two witnesses that the contents are their last wishes. The witnesses sign the will, confirming that the testator made this declaration in their presence and that the testator had the capacity to make the will. Afterward, the testator signs the will, and the notary signs and dates it.
Handwritten Will: In this type of will, the testator writes their entire will by hand from beginning to end, including the year, month, day, and location, and then signs it.
Oral Will: An official will is always the preferred option. However, if the testator is unable to prepare an official or handwritten will due to reasons such as imminent death, illness, interruption of communication, or war, they may make an oral will. An oral will can be made in two ways:
- First Method: The testator communicates their last wishes (the will) to two witnesses and asks them to write it down. One of the witnesses writes the will, indicating the location and date, then both witnesses sign it. The witnesses must then deliver the document to a Civil Court or the relevant court as soon as possible, stating that the conditions of the will have been met, confirming the testator’s capacity, and that the testator verbally expressed their last wishes under extraordinary circumstances.
- Second Method: The witnesses can orally convey the testator’s last wishes to a judge without delay. The judge records the statements of both witnesses, and it becomes official documentation.

Exceptions to the oral will approval by the judge:

For soldiers, a lieutenant or a higher-ranking officer can approve the oral will instead of a judge.
For people traveling on a vehicle outside the country’s borders, the person in charge of the vehicle will act as the judge.
For those receiving treatment in healthcare institutions, the highest authority in the institution will act as the judge.

What is the Inheritance Certificate in Turkish Law and How is it Obtained?

The inheritance certificate, also known as the “veraset ilamı,” is a document obtained through a court decision that indicates who the heirs are after a person’s death and the proportion in which the inheritance will be divided. The inheritance certificate, or its alternative name “mirasçılık belgesi,” can be obtained by one of the legal heirs either from a notary or requested from the civil court of peace.

To obtain the inheritance certificate, there must be a blood relationship between the deceased and the person requesting the certificate. If there is no blood relationship, it can still be requested from the civil court of peace. If an error is found in the inheritance certificate, a lawsuit for the annulment of the inheritance certificate must be filed.

The Dissolution of Partnership (Izale-i Şuyu) Lawsuit in Turkish Law

The lawsuit for the dissolution of partnership, also known as “Izale-i Şuyu,” is a legal action aimed at terminating the shared ownership of movable or immovable property that is subject to joint or divided ownership, and transitioning to individual ownership. In the field of inheritance law, after the death of the deceased, heirs may request the termination of their shared ownership over the estate. In such cases, heirs who are in dispute about how the property should be divided can file a request for the dissolution of the partnership in the civil court.

The dissolution of the partnership can be achieved either by dividing the property among the co-owners based on their shares, also known as “partition,” or by selling the property and distributing the proceeds to the co-owners.

In Turkish law, “Asset Concealment from Inheritance”

Muris muvazaası (asset concealment from inheritance) is when the testator, during their lifetime, transfers their assets to a designated person by pretending it is a sale, in order to deprive their heirs of their inheritance rights. In this case, the testator has essentially made a gift to the person they chose, but has made it appear legal by showing it as a sale.

The purpose of a muris muvazaası lawsuit is to prevent asset concealment and to return the concealed assets to the estate, thus protecting the heirs’ rights. For example, if the testator has transferred their assets to only one of their children without compensation before their death, the other children (heirs) can file a lawsuit after the testator’s death to request equalization.

Muris muvazaası lawsuits are handled in the Civil Court of First Instance according to Article 6100 of the Civil Procedure Code. However, in cases involving the annulment and registration of property deeds, the court located in the place where the immovable property is situated has jurisdiction.

In Turkish law, a “Lifelong Care Contract”

A “Lifelong Care Contract” refers to an agreement in which a person, unable to meet their personal needs, arranges for another person to care for them by transferring all or part of their property. The contract imposes mutual obligations (with consideration) on the parties involved. One party gives a portion of their property to the other party, who assumes responsibility for their care in exchange for meeting their special personal needs.

The Lifelong Care Contract is regulated under Article 611 of the Turkish Code of Obligations. According to this provision, the Lifelong Care Contract is defined as an agreement where the caregiver commits to providing care for the care recipient until their death, and the care recipient agrees to transfer a portion of their property or certain assets to the caregiver. The caregiver is required to provide the care recipient with adequate food and housing, ensure proper care during illness, and arrange for necessary medical treatment.

According to Turkish law, the action for reduction of inheritance

The action for reduction (Tenkis Davası) is an important aspect of inheritance law, filed to annul or correct the dispositions of the testator that violate the reserved share rights of statutory heirs. The reserved share refers to the legal minimum portion that heirs can claim from the inheritance. Heirs whose reserved shares have been infringed upon can file the Tenkis lawsuit. Generally, this lawsuit must be filed within one year from the opening of the inheritance.

The right to file a Tenkis lawsuit and the time limit are regulated by Article 571 of the Turkish Civil Code. According to this provision, the right to file a Tenkis lawsuit begins one year from the date the heirs learn that their reserved shares have been compromised. In any case, the lawsuit must be filed within ten years from the date of the will or from the date the inheritance is opened in the case of other dispositions. If the annulment of a disposition leads to the cancellation of the previous one, the time limit starts when the annulment decision becomes final. The ten-year period starts from the date of the inheritance opening for inter vivos transfers and inheritance agreements, and from the date the will is opened for wills. The competent courts for Tenkis lawsuits are Civil Courts of First Instance.

Antalya Inheritance Lawyer – Inheritance Law Attorney

Inheritance law is a broad field of law that involves many cases and disputes, affecting almost everyone. In any kind of dispute in inheritance law, because the property is at stake, it would be in the best interest of individuals to seek legal support from a lawyer with expertise and extensive knowledge to prevent any loss of rights and ensure fair distribution of the property.

At our office in Antalya, we have been providing legal services to our clients for many years with a team of experienced and competent lawyers specializing in inheritance law. You can contact us for any questions or appointments. You can reach us using the address and phone number provided in the contact section.

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