INHERITANCE LAW

Inheritance Law

Turkish inheritance law is a complex and detailed system that governs the distribution of a deceased person's assets to their heirs. For British nationals who own property or have other interests in Turkey, it's important to understand the key principles of Turkish inheritance law to ensure that their wishes are carried out effectively.

Turkish inheritance law is primarily governed by the Turkish Civil Code. According to this law, the distribution of a deceased person’s assets, known as the estate or "tereke," is determined by a set of predefined rules unless otherwise specified in a valid will. The law distinguishes between legal heirs and appointed heirs .

Legal heirs are typically the spouse, children, and other close relatives of the deceased. If there is no will, the estate is distributed among these legal heirs according to a specific order of priority established by law. If a will exists, it may specify different beneficiaries, including friends or distant relatives, but it must respect the mandatory shares that are reserved for certain close relatives.

2. Mandatory Shares and Wills

One of the key concepts in Turkish inheritance law is the mandatory share. This is the portion of the estate that must be allocated to certain close relatives, such as the spouse, children, and parents, regardless of what is stated in the will. The purpose of this rule is to protect the rights of close family members, ensuring they receive a portion of the estate.

A will can dictate how the remaining portion of the estate should be distributed. Wills must be prepared in accordance with Turkish legal requirements to be valid. They can be handwritten, notarized, or made orally in emergency situations, but must comply with strict formalities to be enforceable.

3. Inheritance Transfer and Estate Inventory

Inheritance transfer refers to the process by which a deceased person's assets are passed on to their heirs. According to the Turkish Civil Code, Articles 599 and following, when a person dies, the inheritance automatically transfers to the legal heirs. This process, known as the opening of the inheritance, means that the heirs become entitled to the deceased's rights and obligations.

The estate inventory, or "tereke tespiti," involves the assessment of all assets and liabilities of the deceased. This includes identifying real estate, personal property, bank accounts, receivables, and debts. Conducting a thorough estate inventory is crucial for ensuring that the inheritance is distributed fairly among the heirs.

4. Miras Hukuku'nda Dava Süreçleri

Miras hukuku kapsamında ortaya çıkabilecek anlaşmazlıklar, genellikle dava süreçlerini gerektirir. Mirasın paylaşımı, vasiyetnamenin iptali, mirasçılıktan çıkarma gibi konularda hukuki uyuşmazlıklar yaşandığında, miras davaları açılır. Bu davalar, Türk Medeni Kanunu ve Hukuk Muhakemeleri Kanunu çerçevesinde yürütülür.

Miras paylaşımında yaşanan anlaşmazlıklar, mirasçıların miras paylarını belirlemede zorluk yaşadıkları durumlarda ortaya çıkar. Bu tür davalarda mahkeme, malvarlığının doğru ve adil bir şekilde paylaştırılmasını sağlar. Ayrıca, vasiyetnamenin geçerliliği konusunda şüpheler varsa, vasiyetnamenin iptali için de dava açılabilir. Miras hukuku davaları genellikle karmaşık ve uzun süreçlerdir; bu nedenle, hukuki yardım almak büyük önem taşır.

4. Litigation in Inheritance Law

Disputes arising under inheritance law often require litigation. Legal disputes related to the distribution of inheritance, annulment of wills, or disinheritance (excluding an heir) are common and are addressed through inheritance lawsuits. These cases are conducted under the framework of the Turkish Civil Code and the Civil Procedure Law.

Disputes over the distribution of inheritance typically arise when heirs struggle to agree on the division of the estate. In such cases, the court ensures that the assets are divided accurately and fairly. Additionally, if there are doubts about the validity of a will, a lawsuit can be filed to annul the will. Inheritance law cases are often complex and lengthy processes, making legal assistance crucial.

5. Conclusion

Inheritance law is a complex area that requires both technical knowledge and legal experience. Inheritance-related cases in Izmir can benefit greatly from the professional support of a lawyer, ensuring that the process proceeds swiftly and in accordance with the law. The accurate distribution of inheritance, the resolution of disputes among heirs, and the proper drafting of wills are much more effectively managed under the guidance of a legal expert.

The complexity of inheritance processes is particularly heightened in cases involving foreign nationals, such as British citizens, with property in Turkey. For foreigners, working with an experienced lawyer who understands local laws and can protect their rights in potential disputes is a significant advantage. An inheritance law expert in Izmir can manage these legal processes on behalf of their clients and ensure that their rights are upheld.