Inheritance Law

Inheritance law is the field of law that regulates to whom, in what proportions and according to what legal rules, the assets will pass upon the death of a person. Real estate, bank accounts, vehicles, company shares, receivables and debts may be included in the scope of inheritance.

Inheritance law disputes are common in Istanbul due to the high real estate values, the prevalence of family companies and the files with a large number of heirs. For this reason, care should be taken during the processes of inheritance sharing, will, rejection of inheritance and dissolution of partnership.

What is Inheritance Law?

Inheritance law regulates the transfer of assets to the heirs after the death of the testator. This area of ​​law deals with who the heirs are, how their inheritance shares will be determined, and how the inheritance will be shared.

Inheritance law is not limited to property sharing. Will, inheritance contract, reserved share, reduction case, rejection of inheritance, certificate of inheritance and estate debts are also evaluated within this scope.

When is Inheritance Open?

Inheritance is opened upon the death of the testator. From the moment of death, heirs have rights arising from the law over the assets of the deceased.

However, opening the inheritance does not always mean actually sharing the inheritance. Additional legal proceedings may be required for heirs to take over real estate, use bank accounts or share the inheritance.

Who are the Legal Heirs?

Legal heirs are people who inherit according to the law. Descendants, parents, siblings, grandparents and the surviving spouse may become legal heirs under certain conditions.

The class system is applied in inheritance law. The first group includes the children of the deceased and their descendants. If there is an heir in the first class, the next classes cannot be heirs.

Heir Group	Explanation
descendant	Children, grandchildren and their descendants
Parents	If there are no descendants, they can be heirs
Siblings	Inheritance rights may arise from parents
grandma and grandpa	If there is no heir in the previous groups, it comes to the agenda.
surviving spouse	He receives a share according to the group he inherits from.
State	If there is no heir, the inheritance may go to the state.

Surviving Spouse's Share of Inheritance

If the surviving spouse inherits together with the decedent's children, he/she receives a quarter of the inheritance. If the testator inherits together with his parents, his share will be higher.

The surviving spouse's share of the inheritance varies depending on the group he inherits from. For this reason, before sharing the inheritance, it should be determined correctly who the heirs are and which class they belong to.

Children's Share of Inheritance

The children of the testator are the first class heirs. As a rule, there is an equal share of inheritance among children.

If one of the children dies before the testator, his share may pass to his descendants. In this case, grandchildren may inherit from their deceased parents.

Can Adopted Heirs Become?

An adopted child inherits from the person who adopts him/her, just like a blood relative. For this reason, an adopted child may have the right to inherit like a descendant of the deceased.

However, the consequences of the filial relationship in inheritance law should be evaluated according to the concrete family structure. It is important that the adoption decision is finalized and the population records are finalized.

What is an Inheritance Certificate?

The inheritance certificate is a document that shows who the heirs are and their share of the inheritance. In practice, it is also known as a writ of inheritance.

The inheritance certificate can be obtained from the notary public or the civil court of peace. However, if there is an element of foreignness, inheritance dispute or complex family structure, it may be necessary to apply to court.

What is Inheritance?

Inheritance is the sum of the assets and debts of the deceased at the time of his death. Real estate, vehicles, bank accounts, company shares, receivables and debts are included in the estate.

Correct determination of the estate is important in terms of inheritance sharing. An estate investigation may be necessary, especially in cases involving property smuggling, secret accounts, company shares or debt allegations.

How to Share Inheritance?

Inheritance sharing is done by the heirs dividing the estate assets among themselves. If the heirs agree, a sharing agreement can be drawn up.

If an agreement cannot be reached, litigation may be initiated. Legal remedies such as sale of immovable properties, dividing them as is, or eliminating the partnership of inheritance may come to the fore.

What is a Heritage Partnership?

With the death of the testator, a partnership of inheritance is formed between the heirs. Until the inheritance is shared, the heirs have rights on the estate assets together.

In a partnership of inheritance, one of the heirs cannot dispose of the entire estate on his own. Heirs may need to act together for real estate sales or important transactions.

Dissolution of Partnership Case

If the heirs cannot agree on the sharing of the inherited real estate, a lawsuit can be filed to dissolve the partnership. This case is used to share the property that is subject to shared or joint ownership.

If the real estate can be divided in kind, it can be divided in the same way. If division is not possible, the partnership can be dissolved through sale and the sale price is shared among the heirs.

What is a Will?

A will is a unilateral death-related disposition made by a person to determine how his assets will be shared after his death. There are types such as official will, handwritten will and oral will.

In order for the will to be valid, the formal requirements prescribed by law must be complied with. Wills that violate the formal requirements may be subject to an annulment lawsuit.

Official Will

An official will is a type of will drawn up in the presence of an official officer and in accordance with legal conditions. It can be done by a notary public, a judge of peace or an officer authorized by law.

Official will is a safe method in practice in terms of proof and validity. However, the content must be clear, applicable and in accordance with the reserved share rules.

Hand Written Will

A handwritten will is a will written, dated and signed by the testator in his own handwriting from beginning to end. These conditions are important for validity.

A document written and signed on a computer may not meet the requirements for a handwritten will. For this reason, attention should be paid to the formal requirements when preparing a handwritten will.

Inheritance Agreement

An inheritance contract is a bilateral death-related disposition made between the testator and the other party. Unlike a will, it may not be easily changed by unilateral will.

The inheritance agreement must be made formally. These agreements may come to the fore especially in inheritance planning, family businesses and asset arrangements.

What is a Reserved Share?

Reserved share is the share of inheritance that the law protects for some heirs. If the testator acts in a way that violates these rights of the heirs with reserved shares, a criticism case may be brought to the agenda.

Heirs with reserved shares include descendants, parents and surviving spouse. Siblings are not reserved heirs in terms of deaths after May 10, 2007.

What is Tenkis Case?

Tenkis lawsuit is filed to bring the decedent's dispositions that violate the reserved share to the legal limit. Wills, donations or some in-laws may be subject to a lawsuit.

In this case, first of all, the value of the estate, the reserved share rates and the gains made by the testator are determined. Since the calculation is technical, expert examination may be required.

Smuggling from Inheritance

Evasion of property from inheritance may occur when the testator transfers real estate or assets in order to deprive some heirs of their inheritance rights. In practice, lawsuits are most frequently filed alleging muris collusion.

If it is claimed that the transaction shown as a sale in the title deed is actually a donation, the court evaluates the economic situation of the parties, the sale price, family relations and the purpose of the testator.

Muris Collusion Case

Muris collusion case can be filed to annul the apparent sale made by the testator for the purpose of stealing property from the heir. This case is especially common in real estate transfers.

The court investigates whether the transaction is a real sale. It is important whether the sale price is paid or not, whether the testator needs to sell the property and to whom the transfer is made.

What is Denial of Inheritance?

Rejection of inheritance is the declaration of the heir that he does not accept the inheritance. Especially in cases where the decedent's debts exceed his assets, rejection of the inheritance may come to the fore.

Certain periods are stipulated in the law for the rejection of inheritance. If this period is missed, the heir may be deemed to have accepted the inheritance and may be responsible for the estate's debts.

Period of Refusal of Inheritance

As a rule, the period for rejection of inheritance is three months. For legal heirs, this period begins when they learn of the death of the deceased and that they are heirs.

For appointed heirs, the period begins when the disposition is officially notified to them. Action must be taken quickly as missing deadlines can have serious consequences.

Responsibility for Inheritance Debts

If the heirs do not reject the inheritance, they may be responsible for the debts of the deceased. This liability is not limited to the estate assets, but in some cases may also affect the heir's own assets.

For this reason, before accepting an inheritance, the decedent's debts, enforcement proceedings, tax debts, bank loans and guarantees should be investigated.

Case for Determination of the Estate

The case for determination of the estate is filed to determine the assets of the testator. This case becomes important if there is an allegation that assets are hidden or underrepresented among the heirs.

Real estate, bank accounts, vehicles, company shares, receivables and debts can be investigated within the scope of estate determination. This case helps ensure healthy inheritance sharing.

Disinheritance

Disinheritance means that the testator removes his reserved heir from the inheritance due to serious reasons specified in the law. This process can only be done with death-related savings.

The reasons for disinheritance are limited. It is not possible for the testator to arbitrarily exclude the reserved heir from the inheritance.

Inheritance Waiver Agreement

A waiver of inheritance agreement is a contract made between the testator and the prospective heir that allows the heir to waive his right to inherit in the future. This contract must be made formally.

Waiver may be reciprocal or gratuitous. Particularly in family businesses, real estate sharing and inheritance planning processes, inheritance waiver agreements may come to the fore.

Transfer of Inheritance Share

After the inheritance is opened, the heir can transfer his share of the inheritance to another heir or a third party. However, this transaction is subject to certain formal conditions and legal consequences.

In the transfer of inheritance share, which goods are included in the transfer, the price, liability for debts and the status of other heirs should be clearly regulated. Unclear transactions may create disputes later.

Sharing of Inherited Real Estate

Sharing of inherited real estate is one of the most common issues in inheritance disputes. If the heirs agree, the title deed can be transferred and shared.

If an agreement cannot be reached, a lawsuit to dissolve the partnership may come to the fore. Due to the high value of inherited real estate in Istanbul, it is important to receive legal support in these processes.

Inherited Company Shares

If the decedent has company shares, these shares are also included in the estate. The transfer of shares of a limited company, joint stock company or family company to heirs may affect the management and partnership structure of the company.

The company contract, share ledger, trade registry records and partnership structure should be examined. Dividing company shares can be more technical than other asset values.

Case for Cancellation of Will

A lawsuit for the annulment of the will is filed with the claim that the will is invalid. Incapacity, lack of will, lack of form or illegality may be among the reasons for this case.

There are certain periods in the law for the cancellation of a will. For this reason, when the will is learned, a legal evaluation should be made without delay.

Evidence in Inheritance Cases

In inheritance cases, evidence is used to prove the title of inheritance, assets, the real purpose of dispositions and the claims of the parties.

Type of Evidence	Area of ​​Use
civil registry	It shows the bond of inheritance.
certificate of inheritance	It shows the heirs and shares.
land records	It shows who owns the real estate.
Bank records	It reveals money movements and accounts.
Will	It shows the content of the death-related savings.
Health reports	It is important in cases of driver's license or willpower disability claims.
Witness statements	It can be used in Muris muvazaa and family relations.
expert report	The value of the estate is important in the calculation of reserved shares and reductions.
Trade registry records	Shows company shares and partnership structure.

The Court in Charge of Inheritance Cases

The court in charge of inheritance cases varies depending on the type of case. Some matters, such as inheritance certificate and estate determination, are handled in the civil court of peace.

Different courts may be responsible for cases such as cancellation of title deed and registration, criticism, collusion of the deceased or cancellation of the will. For this reason, before filing a lawsuit, the competent court must be determined correctly.

Inheritance Law Cases in Istanbul

Inheritance law cases in Istanbul are common, especially regarding real estate sharing, inherited company shares, heir collusion, dissolution of partnership and rejection of inheritance. High real estate values ​​may make it difficult for the heirs to reach an agreement.

The courthouse in which the case will be filed may vary depending on the last place of residence of the testator, where the real estate is located and the type of case. Correct assessment of authority and duty is important in inheritance cases in Istanbul.

The Importance of Working with an Inheritance Lawyer

Inheritance law cases are processes that affect both family relationships and high-value asset rights. For this reason, one should act with legal strategy instead of emotional decisions.

Lawyer support is important in terms of accurate calculation of inheritance shares, investigation of the estate, determination of the type of case, collection of evidence and prevention of loss of rights.

Legal Support from Attorney Mehmet Emin Kurşun

Correct legal support in inheritance law disputes is important to protect the rights of heirs. Processes such as sharing of inheritance, rejection of inheritance, will, criticism, collusion of the deceased and dissolution of partnership should be carried out carefully.

Attorney Mehmet Emin Kurşun provides legal support in Istanbul in the fields of inheritance law, inheritance sharing, rejection of inheritance, cancellation of the will, criticism case, collusion of the deceased, inherited real estate and company shares.

Things to Know Before Starting the Legal Process

Before starting the inheritance law process, heirs, estate assets, debts, whether there is a will or not and statute of limitations should be carefully evaluated. Delay in time-bound transactions such as denial of inheritance may result in serious loss of rights.

It is important for people who are considering filing an inheritance lawsuit or sharing an inheritance in Istanbul to receive legal support at the beginning of the process. A correctly prepared inheritance strategy helps protect the rights of the heirs and resolve the dispute more effectively.

Frequently Asked Questions

What is inheritance law?

Inheritance law is the field of law that regulates to whom, in what proportions and according to what rules the assets will pass upon the death of a person.

When is inheritance opened?

Inheritance is opened upon the death of the testator. From the moment of death, heirs have the right to inherit.

Who are the legal heirs?

Descendants, parents, siblings, grandparents, surviving spouse and, in some cases, the state may be the legal heirs.

Where to get an inheritance certificate?

The inheritance certificate can be obtained from the notary public or the civil court of peace. In complex cases, it may be necessary to apply to court.

How long does it take to reject inheritance?

As a rule, the period for rejection of inheritance is three months. This period begins for legal heirs when they learn about the death of the deceased and that they are heirs.

What is a reserved share?

Reserved share is the share of inheritance that the law protects for some heirs. If the reserved share is violated, a retaliation lawsuit may be filed.

What is Tenkis case?

Tenkis case is a lawsuit filed to bring the decedent's dispositions that violate the reserved share to the legal limit.

What is Muris collusion?

Muris collusion is when the testator pretends to sell his real estate, even though he actually donated it, in order to steal property from the heirs.

What to do if the inherited real estate is not shared?

If the heirs cannot agree, a lawsuit can be filed to dissolve the partnership. Dividing the real estate as is or sharing it through sale may be on the agenda.

Why is inheritance law lawyer support important in Istanbul?

Inheritance cases in Istanbul often involve high-value real estate, company shares and files with multiple heirs. Legal support reduces the risk of loss of rights.