Inheritance law is regulated in the third book of the Turkish Civil Code. It is the branch of law that regulates the transfer of private law based rights, debt, authority upon death of the deceased to whom.
The legal heirs of the deceased are blood relatives, surviving spouse and descendant or adoption. The state is also included in the legal heirs of the inheritor. Relatives of beech cannot be legal heirs.
The first-degree heirs of the inheritor are his descendants. Children are equal heirs. The adopted adopter becomes an heir like blood rush.
The inheritors of the inheritance who do not have any altso are his parents.
The inheritors of the deceased who do not have a child, mother and father are his grandparents.
In the case of the surviving spouse, if the inheritor has a descendant, the legal inheritance right is one fourth of the inheritance. If the parents of the inheritor and the surviving spouse are the heirs, the legal inheritance right of the surviving spouse is half of the inheritance. If the surviving spouse with the grandparents is the heir, the legal inheritance right is three-quarters of the inheritance.
The inheritance of the deceased person passes to the State without leaving an heir.
Testamentary Disposition
Testamentary dispositions are will and inheritance contracts.
In order to make a will, one must have the power of discrimination and be over the age of 15. Limited incompetents can make a will without consent.
There are three types of testaments. These are the official testament, hand-written testament, and oral testament.
It can be returned from all or part of the will.
In order to conclude an inheritance contract, a person must have discernment and must be over 18 years of age. The inheritance contract cannot be reversed unilaterally.
There are two types of inheritance contract. A positive inheritance contract is an obligation to leave the inheritance or a certain property to a person or a third person with an inheritance contract. Negative inheritance contract is referred to as a waiver contract and is a waiver of the inheritance with an heir who left the legacy with this contract.
Case of Annulment of Testamentary Disposition
This annulment case can be filed when the inheritor takes action while he/she does not have the power of disposition. If the transaction is made as a result of error, deception, coercion or intimidation, an action for annulment can be filed.
Legal or appointed heirs and wills creditors can file this case. The court in charge in the case of annulment of the disposition due to death is the last settlement of the inheritance.
Opening the Inheritance
The inheritance opens in the inheritor's settlement with the death of the inheritor.
Denial of Inheritance
There are two types of inheritance denial, provision and true denial. Provisional rejection, if the insolvency of the inheritor on the date of death is clearly evident or if this situation is determined, the verdict is realized ex officio. True rejection takes place after the death of the inheritor. The refusal must be unconditional and unlimited.
The legal heir can refuse the inheritance within 3 months from the moment he learns about the death of the inheritor. If the inheritor accepts the inheritance or waives the right to refuse, the right of refusal is lost.
Sharing the Inheritance
According to the rates determined by the law or the inheritor, the procedures to be done in order to separate the estate properties and to enter the separated properties into the personal assets of the heirs are called sharing.
If one or more of the heirs does not accept the request to share or if there is a dispute between the heirs, the heirs must apply to a lawsuit. Each of the heirs has the right to sue separately.
