What is inheritance law?

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Inheritance law is the branch of law that regulates to whom and how the assets of this person will be transferred in case of death or disappearance of a real person.

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How many types of heirs are there?

There are two types of heirs, legal and appointed.

 

What is Terek?

Assets that are not dependent on the person and can be passed on to heirs are called estates.

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Who are the appointed heirs?

They are the heirs who have the right to be heirs with the will of the legator, although legally the legator is not the heir.

 

What is the scale system?

The group (degree) system has been accepted in the Turkish Civil Code, and in order to be a legal heir, it is necessary to be a member of a group. Presence of an heir in the previous clan prevents the inheritance of the next clan. Likewise, the clan and root head prevent the inheritance of the lower lineage.

 

Who are the first degree (group) heirs?

The first degree heirs of the legator are his descendants. In other words, the children, grandchildren and the next ones of the inheritor are unlimited heirs. Children are equally heirs. Children who died before the heir are replaced by their descendants by succession in all degrees.

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Who are the 2nd degree (group) heirs?

Second degree heirs are the parents of the heirs of the inheritor. Mother and father are equal heirs.
Parents who died before the inheritor are replaced by their descendants through succession at all degrees. In other words, if the mother and father of the inheritor have died, the heirs will be his siblings and descendants by succession. If there is no heir on one side, the whole inheritance goes to the heirs on the other side.

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Who are the 3rd degree (group) heirs?

The 3rd degree heirs of the inheritor are his grandparents. In the event that the descendants of the inheritor die before the decedent, the heirs will be the grandparents.

Great-grandparents who died before the legatee are replaced by their descendants by succession in all degrees. In other words, if the great-grandparents of the inheritor died before the inheritor, the paternal uncle, aunt, uncles and their descendants will be the heirs.

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If one of the grandparents from the mother or paternal side dies before the inheritor without any descendants, his/her share goes to the heirs on the same side.

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If both of the maternal or paternal grandparents died before the inheritor without descendants, the entire inheritance goes to the heirs on the other side.

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If there is a surviving spouse, if one of the grandparents died before the inheritor, the share goes to his own child; to the grandparents on that side if they have no children; If both of the grandparents on one side are dead, their share goes to the other side. Here, the law has limited the rule that the descendants will be the successors, and if there is a surviving spouse, only the grandparents and their children are accepted as the third degree heirs.

 

When do relatives out of wedlock become heirs?

Those who were born out of wedlock and were established by lineage, recognition or judgement, become heirs from the father's side, just like relatives within marriage.

 

Can adoption be an heir?

Adoptive and descendants inherit only the adopter, like blood relatives. For example, the inheritance of the adopter's father is not inherited.

The adopter and his relatives cannot inherit the adoption. The heirship of the adopted child continues in his own family.

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What is the inheritance share of the surviving spouse?

The inheritance share of the surviving spouse varies according to the co-heir;

 

• If the inheritor becomes heir with his descendants, one quarter of the inheritance,

• If the inheritor becomes an heir with his parents, half of the inheritance,

• If the inheritor inherits with his grandparents and their children, three-quarters of the inheritance goes to the spouse, or if they do not, the entire inheritance goes to the spouse.

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Moreover,

In Turkish Law, the regime of participation in acquired property has been adopted as the legal property regime in marriage, and each spouse or his heirs are entitled to half of the residual value of the other spouse.

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The surviving spouse may request the right of usufruct or residence to be deducted from his/her participation receivable on the house that belongs to the deceased spouse and where they live together, in order to continue his old life, and if it is not sufficient, by adding the right of usufruct or residence; Other regulations accepted by the goods regime contract are reserved.

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Does divorce affect inheritance?

With the finalization of the divorce decision, the spouse cannot be the legal heir. Divorced spouses cannot be the legal heirs of each other in this capacity, and they lose the rights provided to them by the testamentary dispositions made before the divorce, unless otherwise understood from the disposition.

The decision of separation does not affect the inheritance.

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In case of death while the divorce case is continuing, the heirs of the deceased spouse cannot be legal heirs if the case continues and the fault of the other spouse is proven.

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When does the state inherit?

The inheritance of the person who dies without leaving an heir passes to the State. The heirs are limited to the 3rd degree, and if the inheritor does not have heirs and descendants up to the 3rd degree, the inheritance will be transferred to the state.

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Who are the reserved heirs? What are the reserved share ratios?

As a rule, the legator has the right to dispose of the property as he wishes. However, the law preserved some of the inheritance share of the descendants, mother, father and spouse.

The heirs, whose reserved share is violated, have the right to receive their reserved share by filing a lawsuit for criticism. With the change made in 2007, the hidden share of the brothers was abolished.

The reserved share consists of the following ratios:

 

• Half of the legal inheritance share for the descendant,

• One quarter of the legal inheritance share for each of the parents,

• For the surviving spouse, the entire legal inheritance share in case of heirs together with the descendants or mother and father groups, in other cases three-quarters of the legal inheritance share.

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What is the Tenkis case?

It is the neutralization of the health and death-related savings of the inheritor to the extent that they violate the reserved shares of the heirs with hidden shares. As a rule, abatement is carried out through litigation.

For example, if the inheritor with three children left all his property to one of his children, since all children have equal inheritance rights and half of the inheritance shares are reserved shares, the reserved shares of other children will be violated. In such a case, the children whose reserved share is violated will be able to demand their proportionally reserved share by filing a lawsuit against the other child.

Tenkis case can be opened by heirs with reserved shares. In the case, only the reserved share of the heir with the reserved share who filed the lawsuit will be criticized. The Tenkis lawsuit is filed against the heirs and 3rd persons, in whose favor the legator exceeds the savings rate.

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Tenkis, until the reserved share is completed, firstly from the testamentary savings; If this is not enough, it is made from the gains between the right to go back from the newest date to the oldest.

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Death-related savings and donations made to public legal entities and publicly beneficial associations and foundations are criticized in the last place.

The right to file an action for annulment expires after one year, starting from the date on which the heirs learn that their reserved shares have been damaged, and in any case ten years after the date of opening the inheritance in other dispositions.

If the cancellation of a savings leads to the entry into force of the previous one, the deadlines begin to run on the date of the finalization of the cancellation decision.
The Tenkis claim can always be made through its def'i.

The Tenkis case is opened in the civil court of first instance in the last place of residence of the deceased.

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What is death savings? What are the types? 

The inheritor may not want his assets to be divided according to the rules stipulated in the law after his death. In this case, before his death, he must determine the rules of division to be applied to his inheritance. The orders given by the inheritor depending on his death are called testamentary dispositions.

The Civil Code has accepted the death-related dispositions to be made according to certain forms. Otherwise, the wishes of the inheritor may not be fulfilled or may be canceled by the heirs.
The legator can make his death-related savings in two ways. These are inheritance contracts and wills.

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What are the types of wills?

Anyone who has reached the age of fifteen and has the power of discernment will be able to make a will. However, in order for a will to be valid and to be valid, it must be made in the ways prescribed by law. There are three types of wills: official wills, handwritten wills and, in exceptional cases, oral wills.

What is a formal will? What are the types and validity conditions?

A will made with the participation of two witnesses before a notary public, magistrate or official is called an official will.
It is possible to draw up an official will by reading, signing, or without reading or signing.

In the will, which is read and signed, the legator informs the official of his wishes. Thereupon, the officer writes or dictates the will and gives it to the legator to read.

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The will is read and signed by the legator.

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The officer signs the will with a date. In the next step, after the date and signature of the will, the legator declares to two witnesses in the presence of the officer that he has read the will and that it contains his last wishes.

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Witnesses sign under the will by writing or dictating that this statement was made in front of them and that they deem the inheritor competent to dispose of it. Witnesses do not need to know the contents of the will.

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Those who do not have the capacity to act, are banned from public service by a decision of a criminal court, illiterate people, the spouse of the legator, their descendants and relatives, siblings and their spouses cannot participate as civil servants or witnesses in the preparation of the official will. Participation of persons who are prohibited from participating as witnesses in the arrangement of the will makes the will revocable.

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The civil servants and witnesses who participated in the preparation of the official will, their superior and low line blood relatives, siblings and spouses of these people cannot be made a profit with that will. If a profit has been made, only the winnings made in favor of those who are prohibited from participating, not the entire will, will become voidable.

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Those who cannot read or write should draw up a will without being read and signed. Those who can read and write can ask for a will to be made by reading, signing or unreading it.

 

Unlike a will that is read and signed, a will is read to witnesses. In the next step, the testator declares to two witnesses in the presence of the officer that the will contains his last wishes, as in a will that is formally read and signed.

 

Witnesses sign under the will by writing or dictating that this statement was made in front of them and that they deem the inheritor competent to dispose of it.

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What is a handwritten will? What are the validity conditions?

The will does not have to be formally made. If the testator wishes, he will be able to make a will in his own handwriting by complying with the form conditions stipulated by the law. It is obligatory that the handwritten will must be handwritten and signed from the beginning to the end by showing the year, month and day it was made. Otherwise, the will will not be valid.

Is it possible to revoke the will?

It is always possible to revoke a will, which is a unilateral testamentary disposition. The legator can always revert from the previous will by making a new will by complying with one of the forms stipulated in the law for the will.
The inheritor can also revoke the will by destroying it.

A will that is destroyed as a result of accident or by the fault of a third person and whose content cannot be determined exactly and completely is void. The right to demand compensation is reserved. If the legator makes a new will without removing his previous will, the next will takes its place, unless he completes the previous will without a doubt.

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The will to leave a certain property is also annulled if the legator makes another disposition on that property, which is incompatible with this will, unless otherwise stated in the will.

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What is an inheritance contract?

Unlike a will, it is a testamentary disposition that can only be made formally and mutually. For example, heritage waiver can only be done by inheritance contract. As a rule, the inheritance contract cannot be reversed unilaterally, it can be terminated by agreement of the parties. It is possible to return unilaterally due to the existence of the reasons for removal, failure to fulfill the gratuity or the behavior of the legator against the contract.

In which cases are death-related savings void?

In some cases, testamentary dispositions may automatically become null and void or may be canceled if there are reasons for annulment.

Cases in which death-related dispositions become null and void; These are the cases where the marital union is terminated except for death, the person who is dispossessed dies before the inheritor, the beneficiary is deprived of inheritance, and in contingent cases the disruptive or delaying condition is fulfilled.

An action may be brought for the annulment of a testamentary disposition for the following reasons:

 

• If the savings were made at a time when the inheritor did not have the capacity to save,

• If the savings are made as a result of mistake, deception, intimidation or coercion,

• If the content of the savings, the conditions to which it is connected or the downloads are against the law or morality,

• If the savings are made without complying with the forms prescribed in the law.

An action for annulment can be filed by the heir or the testator, who has an interest in the annulment of the savings. The case may be regarding the annulment of all or part of the testamentary disposition. An action for annulment can be filed within the time limits stipulated in the law. The right to file an action for annulment expires after one year, starting from the date when the plaintiff learns about the disposition, the reason for annulment, and that he is the rightful owner, and in any case, ten years against the bona fide defendants and twenty years against the defendants who are not bona fide, after the date of filing in wills and the passing of inheritance in other dispositions. .

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Invalidity can always be asserted by way of defense.

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When does the inheritance pass to the heirs?

The inheritance passes automatically to the heirs at the time of the death of the inheritor. Heirs and estates are determined according to the moment of death. Knowing the moment of death is important in terms of determining the heirs.

For example, if a married couple dies in a traffic accident ten minutes apart, the inheritance will first pass to the deceased spouse, and then to his heirs.

Without prejudice to the exceptions stipulated in the law, the heirs directly acquire the real rights, receivables, rights of other property, possession of the movable and immovable properties of the legator and are personally liable for the debts of the legator.

 

The appointed heirs also acquire the inheritance with the death of the inheritor. Legal heirs are obliged to deliver the inheritance to the appointed heirs in accordance with the provisions of possession.

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The inheritance is opened in the settlement of the legator for the entire property.

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Annulment or annulment of the savings of the inheritor, the division of the inheritance and the lawsuits for the inheritance due to the inheritance are heard in the court of this settlement.

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What are the conditions for being an heir?

To be an heir; It is necessary to be alive, to have legal capacity and not to be deprived of inheritance.
A fetus can inherit only if it is born alive. A stillborn child cannot inherit. For this reason, the presence of a fetus among the heirs is a reason for waiting in the division of the inheritance.

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What is inherited deprivation? What are the reasons for lack of inheritance?

Deprivation of inheritance means not being entitled as an heir or a testator in the inheritance of the inheritor. The reasons for deprivation of inheritance are listed as limited in the law. For this reason, only in the presence of these conditions, deprivation will be in question. Inheritance deprivation affects only the deprived.

The descendants of the deprived of inheritance become heirs like the descendants of the one who dies before the inheritor.

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The following persons cannot be heirs; Nor can they acquire any right by testamentary disposition:

 

• Those who intentionally and unlawfully kill or attempt to kill the inheritor,

• Those who deliberately and unlawfully put the inheritor in a situation where they cannot make a death-related disposition,

• Those who enable or prevent the inheritor from making a testamentary disposition or returning from such a disposition by deception, coercion or intimidation,

• Those who intentionally and unlawfully abolish or break a testamentary disposition in a situation and time where the legator can no longer renew it.

Inheritance deprivation is self-evident. In the presence of deprivation, the person cannot gain the title of heir or testament creditor. The deprivation disappears with the forgiveness of the inheritor.

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What is inheritance? What are the terms?

The law, in the presence of certain conditions, has given the legator the opportunity to remove the heirs with reserved shares from the inheritance.

In the following cases, the inheritor can remove his heir with a death-related disposition from the heir:

 

• If the heir has committed a serious crime against the inheritor or one of the relatives of the inheritor,

• If the heir has not substantially fulfilled his obligations arising from family law towards the legator or the family members of the legator.

Inheritance is done by will. The validity of the removal depends on the reasons for the removal being shown in the will. Using general expressions is not enough. If the reason is not shown or the reason is not sufficient, the heir with the reserved share can take the reserved share by filing a lawsuit for criticism.

Since the removal is done by will, an annulment action can be filed when the conditions for annulment action are met. In addition, an action for annulment can be filed if the legator makes a fundamental mistake in the reasons for removal.

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The person who has been removed from the inheritance cannot receive a share of the inheritance, cannot file a lawsuit for criticism. If the inheritor has not disposed of the inheritance share of the removed, the inheritance share passes to the heirs who replace the extracted one.

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In the law, except for the removal from criminal inheritance, removal from protective inheritance is foreseen. The inheritor can remove his descendants, who have a certificate of insolvency, from the inheritance for half of his reserved share. However, it is obligatory to dedicate this half to the born and future children of the person who is excluded from the inheritance.

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When the inheritance is opened, if the certificate of insolvency is no longer valid or if the amount of debt covered by the document does not exceed half of the inheritance share of the person who has been removed from the inheritance, the removal is canceled upon the request of the person who has been removed from the inheritance.

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What does it mean to open a will?

The testament obtained after the death of the inheritor must be delivered to the magistrate immediately, regardless of whether it is valid or not.

The person who draws up or preserves the will, or who keeps it at the request of the legator or otherwise seizes it or finds it among the deceased's belongings, is obliged to fulfill his duty of surrender as soon as he learns of his death; otherwise he is responsible for the damage that may arise due to this.

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The magistrate immediately examines the will and takes the necessary protection measures; If possible, listens to the relevant parties and decides to temporarily hand over the estate to the legal heirs or to manage it officially. The will submitted to the court is read to the heirs present. Thus, the will is opened. The periods for filing an action for annulment and annulment and the rejection period of the inheritance will start to run from this date.

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What is a warrant? How to take

Legal heirs, those who are appointed heirs and testament creditors can request the official document showing their title of heir from the magistrates' court or notary publics where the inheritance was opened. This document is called a certificate of inheritance or inheritance certificate.
The certificate of inheritance is valid until proven otherwise.

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Is it possible to refuse inheritance?

The heir who does not accept the inheritance has the right to reject the inheritance. The declaration of rejection of the inheritance is made to the magistrate's court of the last settlement of the legator.

The period of refusal to inherit is three months. For legal heirs, the period starts from the moment he learns of death and his own heirship. The term of the heir appointed by the will starts with the notification of the savings. The heir, who does not reject the inheritance in due time, accepts the inheritance unconditionally.

If the insolvency of the inheritor is clearly evident or officially determined on the date of his death, the inheritance is deemed to be rejected.

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The refusal of inheritance takes effect retroactively from the moment of death. The inheritance is shared as if the heir who refused the inheritance died before the inheritor.

The law has protected the creditors in the event that the heirs refuse the inheritance with the intention of damaging their receivables. If the heir whose assets are not sufficient for his debt, rejects the inheritance in order to harm his creditors; The creditors or the bankruptcy administration may file a lawsuit against the refusal within six months from the date of refusal, unless sufficient assurance has been given to them.

If it is decided to cancel the refusal, the inheritance is officially liquidated.

If something falls to the share of the heir who refuses from the inheritance that is liquidated in this way, the receivables of the objecting creditors and then the other creditors are paid.

The remaining values are given to the heirs who would benefit from it if the rejection was valid.

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What does inheritance partnership mean? When does the inheritance partnership end?

If the legator has more than one heir, the community formed by the heirs will be an inheritance partnership. Until the inheritance is fully shared, the heirs will jointly have the right to the inheritance.

The heirs, who have joint ownership rights on the inheritance, have to do all kinds of transactions on the inheritance together. The heirs can always ask for the inheritance to be shared. Each heir may request from the magistrate's court to decide on the distribution of certain goods in the estate in the same way, if not possible, by sale. Upon the request of one of the heirs, the judge makes the distribution by giving all of the immovables to an heir, if possible, taking into account the entire estate and each of the goods in the estate. The difference between the values of the immovables given to the heirs is eliminated by paying money, and equalization is ensured between the inheritance shares.

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If immediate sharing will significantly reduce the value of the property or property subject to sharing; At the request of one of the heirs, the magistrate may decide to postpone the sharing of this property or estate.

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At the request of one of the heirs, the magistrates' court may appoint a representative to the inheritance partnership up to the share.

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Each of the heirs may request the protection of the rights in the estate. All heirs benefit from the protection provided.

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If an heir is incapable of paying, other heirs may request from the magistrate's court to take the necessary measures for the protection of their rights without delay upon the opening of the inheritance.

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In matters concerning the estate, the lawsuit should be filed against all heirs.

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Are the heirs responsible for the debts of the inheritor?

The heirs are jointly and severally liable for the debts of the estate. The creditors of the inheritor will be able to request the entire debt by going to whomever they wish from the heirs. In this case, the heir who pays the debt will be able to recourse to other heirs.

The heirs are jointly and severally liable with all their assets, even after the division, for the debts of which the division or transfer has not been expressly or implicitly given consent by the creditor.

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Consistency ends when five years pass from the date of sharing or, for debts to be fulfilled later, the date of maturity.

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Debtors who do not want to be liable for the debt of the estate must reject the inheritance within the time limit.

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When does the inheritance partnership end?

Inheritance partnership ends when the inheritance is fully shared or the joint property turns into joint property.

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