Inheritance Law
Cases involving the estate left behind by the deceased and the future private law relationships of the heirs are among our areas of expertise. Lawsuits referred to as "inheritance cases" concerning all rights and debts inherited through succession include various types of proceedings such as lawsuits regarding the shares and proportions that heirs will receive from the estate, lawsuits for the annulment of wills, reduction lawsuits, fraudulent transfer lawsuits, lawsuits due to the violation of the reserved portion, renunciation of inheritance lawsuits, estate determination lawsuits, and lawsuits regarding the inheritance share of the surviving spouse.
Inheritance Law: Fundamental Rights and Responsibilities
Inheritance law regulates to whom and how a person's assets will be transferred after their death. At KAŞIKARA Law Firm, we provide comprehensive and high-quality legal services in the field of inheritance law. Together with our expert team, we work diligently to protect the wishes of the deceased and the rights of the heirs.
Opening of the Inheritance and Heirs
Inheritance law begins with the opening of the inheritance upon a person's death or declaration of absence. According to Article 575 of the Turkish Civil Code, the inheritance opens at the moment of the deceased's death, and the heirs acquire their status unless they renounce the inheritance. Heirs are divided into legal heirs and appointed heirs.
Legal Heirs: Legal heirs are individuals who inherit by law. According to Article 495 of the Turkish Civil Code, the descendants (children and grandchildren), parents, siblings, and other relatives of the deceased are determined as legal heirs. Additionally, the surviving spouse is also a legal heir with a specific share.
Appointed Heirs: Appointed heirs are individuals designated by the deceased through a will or inheritance contract. Appointed heirs play an important role in the distribution of the inheritance according to the wishes of the deceased.
Renunciation of Inheritance
Heirs have the right to accept or renounce the inheritance. According to Article 605 of the Turkish Civil Code, heirs may renounce the inheritance within three months of the opening of the inheritance. Renunciation of inheritance offers a way to avoid being liable for the debts and obligations of the deceased. Renunciation is effected by a declaration made to the Civil Court of Peace at the heir's place of residence.
Will and Inheritance Contract
The deceased may determine the distribution of their assets through a will or inheritance contract.
Will: A will is a unilateral declaration of intent by the deceased. According to Article 532 of the Turkish Civil Code, a will can be written, oral, or official. Through a will, the deceased can ensure that specific individuals or institutions receive certain portions of their estate.
Inheritance Contract: An inheritance contract is an agreement between the deceased and the heirs. According to Article 527 of the Turkish Civil Code, an inheritance contract must be made in writing and in the presence of two witnesses. This contract allows the deceased to arrange the distribution of their estate under certain terms and conditions agreed upon with the heirs.
Action for Reduction
If the deceased has made dispositions that infringe upon the reserved shares of the legal heirs, an action for reduction can be brought. According to Article 560 of the Turkish Civil Code, legal heirs with reserved shares may demand the reduction of these dispositions if their reserved shares are violated. The action for reduction aims to ensure the fair distribution of the inheritance and the protection of the rights of the legal heirs, and we show the utmost sensitivity in protecting these rights of our clients.
Inheritance Law Consultation
At KAŞIKARA Law Firm, we provide consultation services on all legal matters related to inheritance law. We offer legal information and guidance on the distribution of inheritance, drafting of wills, renunciation of inheritance, and reduction lawsuits. With our experience in inheritance law, we stand by our clients to protect their rights in the best possible way.
Please contact us for detailed information and to apply for our expertise.