Inheritance Law

The matters we handle within the framework of the inheritance law provisions of the Turkish Civil Code No. 4721:

• Statutory and appointed heirship; obtaining and annulment of the certificate of inheritance
• Drafting, interpretation, annulment and execution of wills
• Inheritance agreements, waivers of inheritance and lifelong care agreements
• Reserved share, abatement and equalisation claims
• Actions for annulment of title and registration based on simulated transfers by the deceased
• Disclaimer of inheritance, annulment of the disclaimer and declaratory relief for constructive disclaimer
• Ascertainment of the estate, preparation of an inventory and administration of the estate
• Distribution of the estate and conversion of joint ownership into co-ownership
• Actions for the dissolution of joint ownership
• Disinheritance and unworthiness to inherit
• Assignment of an inheritance share and attachment of an inheritance share
• Cross-border inheritance relationships and devolution of estates located abroad
• Assessment of inheritance and transfer tax obligations

In our work in this field, the inheritance law provisions of the Turkish Civil Code No. 4721 and the relevant legislation are taken into account. The first step is often not bringing an action but assessing the scope of the estate, the status of the heirs, the applicable time limits and the available evidence together, so as to avoid losses arising from choosing the wrong type of action or from insufficient proof.

A certificate of inheritance shows the heirs and their shares; it does not in itself reveal the assets and debts that make up the estate. Within the scope of our services, land registry records, bank accounts, vehicles, company shareholdings, tax debts, enforcement files and receivables are researched, and where the deceased carried on commercial activity, personal guarantees and pending enforcement proceedings are also examined.

We provide legal support in the drafting of wills, inheritance agreements, waivers of inheritance and lifelong care agreements, taking into account not only the formal requirements but also the matrimonial property regime, the reserved shares and the performance of the care obligation. Existing wills are assessed as to their form, the capacity and intention of the testator, their content and their effect on the reserved shares.

Reserved share and abatement claims, equalisation, restoration to the estate and actions for the annulment of title and registration based on simulated transfers by the deceased are also within our field of practice. Disclaimer of inheritance, constructive disclaimer, official inventory and liquidation are handled with particular attention in estates that include commercial debts, loans, guarantees or enforcement proceedings.

The distribution of the estate, partition agreements, the dissolution of joint ownership and compensation for unlawful occupation among heirs form part of our practice, as do inheritance relationships involving assets abroad or more than one nationality, and the declaration, valuation and payment obligations relating to inheritance and transfer tax.

Among the disputes most frequently encountered in inheritance law are claims that a transfer made by the deceased during their lifetime, shown as a sale, was in reality intended as a gift, together with reserved share and abatement claims and disputes concerning the validity of wills. Not every lifetime transfer is invalid; the recorded sale price, whether payment was actually made, the financial means of the parties, the need for a sale and the true purpose of the deceased are assessed together.

In abatement and equalisation claims, the calculation is not based solely on the present value of a single immovable property. The assets and liabilities of the estate, the date of death and the legal nature of the disposition are also taken into account. An incorrect legal ground, the wrong party or incomplete documents may lead to the claim being dismissed on procedural or evidentiary grounds.

Disputes also frequently arise among heirs holding the estate in joint ownership, where one heir uses an immovable property alone, collects the rental income or prevents the other heirs from accessing information. Such use does not extinguish the rights of the other heirs; depending on the circumstances, compensation for unlawful occupation, a share of the rental income, partition or the dissolution of joint ownership may be claimed.

In estates burdened with debt, whether the heirs have disclaimed the inheritance in time and whether their conduct towards the estate affects the right to disclaim are frequent points of contention. Taking possession of assets or carrying out dispositions beyond ordinary administration may change the outcome, and where the estate was clearly insolvent at the date of death, constructive disclaimer may be considered, provided that the assets and liabilities are documented.

The inheritance law process begins with the examination of civil registry, land registry, vehicle, bank and company records, together with contracts, powers of attorney and prior transfers. On this basis, the scope of the estate, the status of the heirs, the debts and the legal position of each heir are determined before any disposition over the estate is made.

Time limits are assessed separately for each claim. Disclaimer of inheritance is, as a rule, subject to a three-month period, and the annulment of a will, abatement and certain receivable claims are also subject to time limits; the date of death, the notification of the will, the date on which the transaction was learned of and the date on which the infringement was noticed are examined individually.

Where the heirs are able to agree, a solution may be reached without litigation through a partition agreement concluded with the participation of all heirs and in compliance with the formal requirements, after which the transfer and registration of registered rights are completed separately. In disputes concerning the dissolution of joint ownership and partition, mediation as a precondition to litigation may apply, and the correct application route is determined accordingly.

Where a resolution cannot be achieved, depending on the nature of the matter, recourse is had to an action for the annulment of title and registration, an abatement action, an action for the annulment of a will, an action for the dissolution of joint ownership or other relevant legal remedies. Bank records, title deeds, medical records, notarial documents, correspondence and witness evidence are gathered, as they directly affect the strength of proof.

Where assets are located abroad, the applicable law, jurisdiction and the use of foreign documents are examined separately, since a certificate of inheritance obtained in Türkiye should not be assumed to produce effect automatically in another country. The client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.