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Inheritance Law

Determination of the estate, transfer of inheritance and distribution among heirs.

ABOUT THIS FIELD

Inheritance law determines to whom a person’s assets pass upon death, the rules governing that transfer, the rights and liabilities of heirs and the manner in which the estate is distributed. Statutory succession, testamentary dispositions, reserved shares and estate debts are among its central subjects.

At the outset, heirs should identify the assets and liabilities of the estate, any will or inheritance agreement, and the current state of distribution. This information indicates which remedy may be relevant: disclaimer of inheritance, reduction, equalisation, an action based on a collusive transfer by the deceased, or dissolution of co-ownership.

PROCESS AND TIME LIMITS

Certificate of inheritance

The heirs and their shares are shown by a certificate of inheritance issued by the civil court of peace or a notary. An action to annul the certificate may be brought at any time on the ground that its content is inaccurate.

Renunciation of inheritance

Statutory and appointed heirs may renounce the inheritance within three months of learning of the death or of their status as heirs (Turkish Civil Code, Art. 606). An estate that was clearly or officially insolvent at the date of death is deemed to have been renounced (Art. 605/2).

Reserved shares and reduction

Where the deceased disposed of property in a way that infringes the reserved shares of the heirs, an action for reduction may be brought. It must be brought within one year of learning that the reserved share has been infringed and, in any event, within ten years of the opening of the will or, for other dispositions, of the opening of the succession (Art. 571).

Division and simulated transfers

Heirs may divide the estate by agreement; failing agreement, a partition action is brought before the civil court of peace, and recourse to mediation is mandatory before such actions. Sham sales or gifts made by the deceased to deprive heirs of property may be challenged by an action for cancellation and registration in the land registry on grounds of simulation.

FREQUENTLY ASKED QUESTIONS

Who are the heirs with reserved shares?

The heirs with reserved shares are the descendants, the parents and the surviving spouse. The reserved share is half of the statutory share for descendants and one quarter for each parent. The surviving spouse's reserved share is the whole statutory share when inheriting together with descendants or the parents' line, and three quarters in other cases (Turkish Civil Code, Arts. 505 and 506).

In what forms can a will be made?

A will may be made in official form, in the testator's own handwriting or, in extraordinary circumstances, orally (Turkish Civil Code, Art. 531). A handwritten will must be written entirely in the testator's hand, show the year, month and day, and be signed (Art. 538).

When must an action to annul a will be brought?

The action must be brought within one year of the claimant learning of the disposition, the ground for annulment and his or her entitlement. In any event, the right lapses ten years after the opening of the will against defendants in good faith, and twenty years against defendants in bad faith (Turkish Civil Code, Art. 559).

Can one heir sell estate property alone?

Until the estate is divided, the heirs own it jointly and dispose of the rights belonging to the estate together. At the request of an heir, the civil court of peace may appoint a representative for the community of heirs until the division (Turkish Civil Code, Art. 640).

Where and how is an inheritance renounced?

An heir renounces an inheritance by an oral or written declaration to the civil court of peace. The renunciation must be unconditional; the judge records the declaration, and a renunciation made in time is entered in a special register by the civil court of peace of the place where the succession opened (Turkish Civil Code, Art. 609).

Can the heirs divide the estate among themselves?

Yes. The heirs may form and take their shares or conclude a division agreement, which binds them and must be made in writing to be valid. They may also agree to convert joint ownership into co-ownership in proportion to their shares (Turkish Civil Code, Art. 676).

DOCUMENTS

The following documents are usually used when a file in this field is reviewed:

  • Civil registry record showing the death of the deceased
  • Certificate of inheritance
  • Title deeds for real property in the estate
  • Bank account and vehicle records
  • Any will and the record of its opening
  • Title deeds and sale documents for transfers made by the deceased during his or her lifetime
SCOPE

Principal areas of work

  1. 01

    Obtaining and challenging certificates of inheritance

  2. 02

    Determination, preservation, inventory and administration of the estate

  3. 03

    Procedures for the actual or deemed disclaimer of inheritance

  4. 04

    Interpretation, annulment and enforcement of wills and inheritance agreements

  5. 05

    Reduction claims based on reserved shares and equalisation among heirs

  6. 06

    Cancellation and registration of title deeds due to collusive transfers by the deceased

  7. 07

    Distribution of the estate and dissolution of co-ownership