Istanbul heritage lawyer

Anasayfa / Makalelerimiz / Istanbul heritage lawyer

Istanbul heritage lawyer

Istanbul heritage lawyer operates in a wide range of fields. In this context, the law of inheritance takes place in a wide area. People who want to resolve inheritance-related issues should proceed in line with legal procedures. For this, it is important for people to continue on their way with a reliable and experienced attorney. We continue to provide the necessary legal support to our clients in the field of law of inheritance with our expert and experienced lawyer staff. In this way, we stand by our clients in all legal processes related to inheritance and help them to protect their rights to the end of this process.


How Does Turkish Inheritance Law Work?

Many people are curious about Turkish inheritance law and how it works. This legal system has been regulated starting from Article 495 in the 1st Part of the 3rd Book of the Turkish Civil Code No. 4721, which entered into force on January 1, 2002. Within the scope of the law in question, the first-degree heirs of the legator are determined as his descendants, that is, his children. The necessary articles in the aforementioned law are listed in line with a certain framework. The laws and procedures required in the inheritance law are listed as follows;

  1. The children of the deceased person are not separated as if they are natural or adopted, whether they are married or out of wedlock, or whether they are girls or boys. However, the adopter is not the legal heir of the adoption.
  2. If the heir's children have died before him/her, his/her grandchildren will be registered as heirs. If the person dies without a child, then this person's parents are registered as heirs.
  3. If the mother and father of the person who died without a child also died before him/her, then other relatives become involved. In such a case, if the deceased has an uncle, aunt, uncle, or aunt; these relatives become the heirs of the person.
  4. If the deceased has a spouse and children, the spouse receives a quarter of the inheritance. If he/she has no children, his/her wife/husband receives half of this amount and the rest is given to the person's parents.
  5. The inheritance of the deceased without any heir passes to the state treasury.


What is a Will and How is it Made?

Along with the will, people explain to whom they will leave their assets before they die. At this point, a person must meet certain conditions in order to leave a will. These terms and details are listed as follows;

  1. The person who will leave a will must be over the age of 15 and be of sound mind. Anyone who meets these conditions can determine how he or she wants his remaining property to be shared after his death. However, in order to be able to make an inheritance contract, it is necessary to be an adult and not be restricted.
  2. The testamentary disposition made by the person who wrote the will under the influence of error, deception, intimidation, or coercion is invalid. However, the legator must take the necessary actions as soon as he learns that he is mistaken or deceived, or from the day he is freed from the effect of intimidation or coercion. For this, if the disposition does not return within one year, the disposition becomes valid.
  3. In case of a clear mistake in specifying the person or thing in disposition due to death, the real desire of the legator must be determined. If this situation can be determined with certainty, the disposition will be rearranged according to this desire.


How can the Legator Legate His/Her Property?

There are legal details that should be known about the concept of testament for the legator. At this point, the inheritor with descendants, parents, or spouse has the right to divide this inheritance as he wishes. In particular, there is the possibility of making a death-related disposition in the part of the inheritance other than the reserved shares. The specified portion is given by calculation according to the status of the estate on the death day of the inheritor. The share ratio, which is secretly stated, is listed as follows;

  1. 50% of the legal inheritance share for descendent
  2. 25% of the legal inheritance share for each of the parents
  3. In the case of heirs with spouse, descendants, or mother and father, it is the whole of the legal inheritance share and in other cases 75% of the legal inheritance share.


How to Disinherit Someone from the Inheritance?

At this point, if the heirs have committed a serious crime against the inheritor or one of the relatives of the inheritor, they may be disinherited from the inheritance. In addition to this situation, if the heirs have not fulfilled their obligations arising from family law to the legator or the family members of the legator, the inheritor may exclude these persons from being heirs. In addition, the legator has the opportunity to remove his descendants, who have a lien, for half of his reserved share, without paying any debt. Other details that should be known at this point are listed as follows;

  • If the legator has stated the reason for removal in his/her disposition regarding removal from heirship, its validity continues. If these people object, the existence of the stated reason must be proven.
  • Persons who have been excluded from being heirs cannot receive a share of the inheritance. At the same time, it is not possible for them to open action for reduction. However, unless the inheritor has made any other dispositions, the inheritance share of the person who is excluded from the heir goes to other heirs as if that person died before the inheritor.
  • The descendant of the person who has been excluded from the heir can receive his/her reserved share as if he/she had died before the inheritor


What is Renunciation of Inheritance?

There are no conditions for the actions to be taken to renounce the inheritance. However, those who renounce the inheritance completely lose the title of heir. Thus, this also applies to the descendants of those who renounced the inheritance.

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