Inheritance Law is dealing with the fate of movables and immovables remained after the death or the absolute loss of the person. Since inheritors will be affected economically and socially by the will, the depts, movables or immovables or by the unfair transfer of valuables to non inheritors under the name of donation, Inheritence Law investigates related issues in detail.

How to share the heritage?

• Sharing the heritage depends on the existence of a will signed by the deceased person. In case there is a will, the heritage will be distributed according to the terms of the written will.
• In the absence of a written will, the heritage will be distributed according to the existence of the spouse (alive or death). In case the spouse is alive with her children, ¼ of the heritage belongs to the spouse. ¾ of the heritage will be distributed among children.
• In case the spouse with no descendant is alive together with the father and mother of the deceased person, the spouse get ½ of the heritage and other ½ given equally to the mother and father of the deceased person.
• In case the spouse is alive together with the grand father and grand mother of the deceased person, the spouse get ¾ of the heritage and other ¼ given equally to the grand mohter and grand father of the deceased person.
• In case the spouse is not alive, the heritage is equally sharing between children or grand parents of the deceased person.

How to distribute the heritage without a will?

• In the absence of a written will, the heritage will be distributed according to the existence of the spouse who is alive or not. In case the spouse is alive with her children, ¼ of the heritage belongs to the spouse. ¾ of the heritage will be distributed between children.
• In case the spouse is alive together with the father and mother of the deceased person, the spouse get ½ of the heritage and other ½ given equally to the mother and father of the deceased person.
• In case the spouse is alive together with the grand father and grand mother of the deceased person, the spouse get ¾ of the heritage and other ¼ given equally to the grand mohter and grand father of the deceased person.

How to get share from the heritage?

• Turkish law defines persons who can get share from the heritage as degree. The degree is the blood relation among people. Up to third degree, parents can get share.
• Degree composed of children and grand children of the deceased person.
• Degree composed of the mother father, brothers, and sisters of the deceased person.
• Degree composed of grand mother, grand father, uncle, aunt. Until 3. Degree, the heritage will be distributed.
• There is a person in every degree and the personâ’s descendant
  Partition of the estate is carried out in accordance with the descending line
  Title by descents for the inheritors in the sub-kinship line (Children and spouse).
  The children of the deceased are the primary inheritors and they have all equal shares on their father’s or mother’s asset.
• An order between degrees exists. 2. degree members can not get share if 1.degree members are alive.
• People who have no blood link with the deceased person can only get share with the written will of the person.
• What is the status of Adulterines the adulterines have the same status as the children born in legitimate marriage.

What does it mean hidden share in the heritage?

• Turkish Law limits the person willing to share his heritage according to his wishes and protect the rights of some inheritors. This is called hidden share.
• The person can distribute his heritage out of hidden shares. He can’t transfer hidden shares to other persons. In case of such a tranfer, inheritors of hidden share file a lawsuit to cancel these transfers.
• The spouse, children, grand children, the mother and father of the deceased person has got the hidden share on the heritage.
• The hidden share of children and grand children is ½ of the legal heritage share. The hidden share of father and mother is ¼ of the legal heritage share. In case the spouse is alive with

How to reject the statutory inheritors?

• Due to the malbehaviours of statutory inheritors who have got hidden shares on the inheritance, they can be rejected by the will of the deceased person.
• Crimes against the family members and avoidance of responsibility against the family defined at the Family Law are reasons to be rejected from the statutory inheritance.
• Rejected inheritors can not benefit of the heritage nor file a tenkis case. The hidden share of this rejected inheritor transfered to his children. Int he absence of descendants, the hidden share are equally distributed among other inheritors. The person writing his will should define the reasons of the rejections in detail otherwise it will be null and void.

  How to sign care contract until death?

• The elderly person can sign a contract with 3. person or legal inheritor in condition to get elderly care until his or her death. The elderly person can transfer his or her wealth to 3. Person in this way.
• The elderly person commits to transfer the wealth to the person who will be taking care and in return, he commits to take care of the elderly person to the death.
• Care contract until death should be drawn up in a formal way with the presence of 2 witnesses. The contract needs to be signed before the notary or the settlement justice for its validity.

What is the rejection of the heritance?

• Legal inheritors and assigned inheritors are allowed to refuse the heritance. Due to their bad relationship or the bankruptcy of the deceased person, inheritors may reject the heritage.
• Following the death of the person and the announcement of the heritage, the inheritor can reject it in 90 days in a written statement made to the settlement justice.
• In case the deceased person is bankrupted, the inheritance will be automatically assumed to be rejected by the inheritors.
• In case all inheritors reject it, the settlement justice does liquidate the heritage and close the case. Any remaining surplus after the liquidation will be distributed among inheritors.

What is inheritance document?

• The document showing the legal inhertors is called inheritance document.
• The document is issued by the application of legal or assigned inheritor or inheritors.

How to prepare a will?

The will is to be prepared in verbal way, in hand writing or formal way.

• Verbal will. A very rare version, extraordinary cases are required. The person quotes his will before 2 witnesses. Then, the verbal will is noted on the paper by the witnesses. This letter is delivered to the settlement justice. Witnesses are supposed to be literate to make the will valid.
• Hand writing will. The person should write the letter by hand sign and add a date on it. Otherwise, it will be none and void. No need to deliver to the settlement justice.
• Formal will: This will is being prepared before the notary or the settlement justice according to the literate or illiterate status of the person. The wills of literate people are presented to settlement justice and approved. After the approval, the will is read before two witnesses and became valid. İlleterate people tells his will to the heritage officer and ask it to be written. Then, the officer reads the composed draft before the witnesses. Following the approval of the person who demands a will, it becomes valid with the signatures of witnesses.

For more detailed information, please send an e-mail to info@baykurthukuk.com.tr