What is Inheritance Law? Basic Concepts and Legal Regulations
Inheritance Law is a branch of private law that regulates to whom and how the assets of a person pass upon his/her death. The movable and immovable properties, rights, debts and receivables left behind after the death of the person pass to the heirs. It is very important that this process is carried out in a fair and legal framework in order to protect the rights of the parties.
Pursuant to the provisions of the Turkish Civil Code No. 4721, inheritance law is regulated under two main headings: legal and appointed heirs. While legal heirship is based on the law, appointed heirship is based on the person’s testamentary dispositions such as wills or inheritance contracts. Many issues such as the division, rejection and annulment of inheritance are shaped by private law cases before the courts.
Who are the Legal Heirs? Ranking and Share Ratios
Legal heirs receive a share of the inheritance according to the degree of kinship determined by law. According to the Turkish Civil Code, legal heirs are grouped into three main categories:
First Clan: Descendants, i.e. children and grandchildren of the deceased. Children share the inheritance equally. If a child dies, his/her share passes to his/her children (i.e. grandchildren).
Second Class The parents and their descendants. In other words, siblings and nephews are in this group. If there is no heir in the first group, the second group comes into play.
Third Caste Grandfather, grandmother and their descendants. It comes into play if there is no heir in the previous categories.
In addition, the married spouse can be heir together with all the other heirs. The spouse’s share varies according to the other heirs: 1/4 if there are descendants, 1/2 if there are parents, 3/4 if there are more distant relatives. If there are no heirs, the inheritance passes to the state.
What is a Testamentary Will? Appointed Heirship and Legal Validity
The person who leaves an inheritance can predetermine how his or her property will be divided by making a will. This means appointed heirship. A will is a document prepared by a person of his/her own free will and must comply with the legal formal requirements.
There are three types of wills:
Official Testament: It is drawn up in the presence of a notary with two witnesses. It is the most reliable method.
Handwritten Testament: It must be written and signed in the handwriting of the heir.
Verbal Will: It can be made verbally in extraordinary circumstances (war, danger of death, etc.). It should be put in writing as soon as possible.
A will can distribute assets, appoint an heir or leave a specific property to a person. A will is opened after death and its contents can only be revoked under certain circumstances.
What is a Reserved Share? Which Heirs are Protected?
Reserved shares are inheritance rights of legal heirs guaranteed by law. The heir may not distribute his/her entire inheritance as he/she wishes, by will or otherwise, and may not touch the reserved share rights of some of his/her relatives.
The heirs with reserved shares are as follows:
Descendants (children, grandchildren): half of their legal share is reserved.
Mother and father: one fourth of their legal share is a reserved share.
Surviving spouse: three quarters of the legal share is the reserved share.
Wills or donations made in violation of the reserved share may be annulled. In such violations, heirs with a reserved share can recover their rights by filing a lawsuit for equalization.
Refusal of Inheritance: Is it Possible to Avoid Debts?
Inheritance includes not only property but also debts. If the heir owes a lot of money, the heir can get rid of these obligations by rejecting the inheritance. This is done through a written declaration to the civil court of peace within 3 months of the date of death.
If a refusal of inheritance is made, the heir is considered as if he/she had never been an heir in the first place. However, in some cases, the inheritance is automatically rejected. For example: If the heir explicitly declares his or her refusal or if all the heirs refuse, the inheritance passes to the state treasury.
Inheritance rejection is a complex process; an incorrect or delayed declaration can mean acceptance of the inheritance with debts. It is therefore advisable to seek the support of an inheritance lawyer.
Inheritance Declaration (Certificate of Inheritance) and Inheritance Sharing
The first step to share the inheritance is to obtain a certificate of inheritance, i.e. a certificate of inheritance. This document shows who the heir is and what proportion of the inheritance they are entitled to. It can be obtained from notaries or the civil court of peace.
If there is an agreement between the heirs, the division of inheritance can be made before a notary public. If there is no agreement, the division of inheritance can be requested through an izale-i şuyu (dissolution of partnership) lawsuit. Real estates can be put up for sale and the price can be divided in this way.
After the division, each heir can dispose of his/her share of the property on his/her own. However, it is generally not possible to sell, transfer or mortgage the property before the division.
The Role of the Lawyer in Inheritance Law and the Importance of Legal Counseling
Inheritance cases can be complex and emotional processes, especially due to family disputes. Situations such as breach of reserved interest, revocation of a will, the process of renunciation of inheritance or sharing disputes require legal knowledge and experience.
In such cases, an expert inheritance law lawyer manages the process from start to finish to prevent loss of rights. It contributes to the fair and rapid sharing of the inheritance both through the judiciary and through reconciliation between the parties.
A small mistake in legal processes related to inheritance can lead to years of litigation and huge financial losses. Therefore, it is extremely important to seek legal support at every stage.