Inheritance law determines who receives an estate, in what shares and how, after a death. We handle certificates of inheritance, division of estates, reduction claims, annulment of wills and renunciation of inheritance.
Inheritance law governs to whom, and in what shares, the rights and debts a person leaves behind will pass on their death. It is set out in the Turkish Civil Code. Because inheritance disputes usually also affect family relationships, settlement routes are considered first and litigation is used where no result is reached. Some claims are subject to strict time limits, so acting in good time matters.
What We Advise On
Certificate of Inheritance
Obtaining the document that establishes the heirs and their shares, from a notary or the civil court of peace; where the file has a foreign element, conducting the court route.
Division of the Estate
Where the heirs cannot agree, dividing immovable and movable property through an action for the dissolution of joint ownership. Where division in kind is not possible, division by sale is used.
Reserved Share and Abatement
The minimum share protected by law for descendants, the spouse and in some cases the parents is the reserved share. If gifts made by the deceased during their lifetime encroach on that share, an abatement action is brought to reduce the excess. The abatement action is subject to a period running from the moment the encroachment became known.
Collusive Transfers by the Deceased
Where the deceased transferred immovable property disguised as a sale in order to keep it from the heirs, an action for cancellation of the title deed and re-registration may be brought. The court examines whether the purchase price was genuinely paid and what the deceased's motive was.
Wills and Testamentary Dispositions
Drafting, opening and enforcing wills; actions to annul a will for breach of formal requirements, lack of capacity or defective intent. Drawing up and annulling inheritance agreements also falls within this practice.
Renunciation of Inheritance
Where the estate is insolvent, releasing the heir from liability by a declaration of renunciation made to the civil court of peace within the statutory period. If the period is missed, the inheritance may be treated as accepted unconditionally, so it is important to act quickly from the date of death.