Inheritance Law

Inheritance law governs how a deceased person's estate is transferred to legal heirs and, where applicable, appointed heirs. Within the framework of the Turkish Civil Code, this field addresses the passing of the estate, the rights and obligations of heirs, wills, and the fundamental rules concerning the division of the estate. The information below is general in nature, and each concrete situation may involve its own particular circumstances.

Scope of the Field

Inheritance law covers a broad range of matters, from dispositions upon death to the dissolution of the joint ownership among heirs. Frequently encountered topics in this area include:

• Determining legal and appointed heir status and obtaining a certificate of inheritance
• Drafting dispositions upon death, such as wills and inheritance contracts, and assessing their validity
• Actions for abatement (tenkis) where reserved portions of statutory heirs are infringed
• Division (partition) of the estate and conversion of joint ownership into co-ownership
• Disclaiming the inheritance, renouncing inheritance rights, and disinheritance procedures

How the Process Generally Works

The process usually begins with identifying the heirs and establishing the composition of the estate. Heirs may request a certificate of inheritance from the civil court of peace at the deceased's place of residence or from a notary. If disclaiming the inheritance is being considered, the three-month period prescribed by law must be observed; this period generally runs from the date the heir learns that the succession has opened. Where heirs cannot reach agreement on division, an action for the dissolution of joint ownership may arise.

Points Clients Should Pay Attention To

Time limits are of considerable importance in inheritance law. Missing statutory periods in matters such as abatement actions or disclaiming the inheritance may result in the loss of rights. In addition, the possibility that the estate's debts exceed its assets should be assessed before the inheritance is accepted unconditionally. Wills that are not drafted in accordance with formal requirements may also give rise to validity issues.

How the Firm Assists

Our firm provides legal advice and litigation services in the field of inheritance law, including obtaining certificates of inheritance, drafting wills, abatement and dissolution-of-ownership actions, and disclaiming an inheritance. Each matter is evaluated in light of the relevant legislation and the specific features of the case at hand. You may contact our office for an assessment of your legal situation.