Inheritance Law: Distribution of Inheritance and Legal Rights

Inheritance law is a branch of law that regulates who will inherit the assets of a deceased or missing person and under what conditions. In Turkey, inheritance law is governed by the Turkish Civil Code, which outlines the rights of heirs, inheritance distribution processes, and potential legal disputes.

Inheritance cases can be emotionally and financially challenging. Proper legal management of these processes is essential to prevent loss of rights and minimize potential disputes among heirs. Seeking support from an experienced inheritance law attorney ensures that the process is handled in compliance with the law.

Our Services in Inheritance Law

1. Obtaining a Certificate of Inheritance (Veraset İlamı)

To legally determine the heirs, it is necessary to obtain a certificate of inheritance (veraset ilamı) from the court or a notary. This document serves as an official basis for initiating the inheritance distribution process and proves the rights of all heirs.

2. Will Preparation and Annulment Cases

Individuals can draft a will to determine how their assets will be distributed after their death. However, wills that violate the legal share of heirs or fail to comply with the law may be annulled. We provide legal consultation in preparing and annulling wills to ensure they comply with legal requirements.

3. Inheritance Distribution and Dissolution of Joint Ownership Cases

If disagreements arise among heirs regarding inheritance distribution, a dissolution of joint ownership lawsuit (izale-i şuyu davası) can be filed. These cases aim to divide the inheritance fairly among the heirs or facilitate the sale of shared assets. Our experienced inheritance lawyers assist in ensuring a fair distribution process.

4. Lifetime Care Contracts

A lifetime care contract is an agreement where a person transfers their assets in exchange for lifelong care. We provide legal assistance to ensure the validity of such contracts and prevent possible disputes in the future.

5. Estate Inventory and Estate Litigation

To fully determine the assets and debts of a deceased person, an estate inventory lawsuit (tereke tespiti davası) may be filed. This process helps prevent disputes among heirs and ensures fair distribution of the inheritance.

6. Waiver of Inheritance and Renunciation of Inheritance

If the deceased has outstanding debts, heirs may choose to reject the inheritance through a renunciation of inheritance lawsuit (reddi miras davası) to avoid responsibility for these debts. Additionally, heirs may waive their inheritance rights in favor of other heirs through a waiver agreement.

7. Reserved Shares and Reduction Lawsuits

In Turkish law, certain heirs have a legally protected reserved share. If the deceased violates these mandatory inheritance shares, a reduction lawsuit (tenkis davası) can be filed to restore the rightful share of heirs.

8. Fraudulent Transfers and Annulment Lawsuits

If a deceased person has transferred assets fraudulently to disinherit certain heirs, these transactions may be considered legally invalid. An annulment lawsuit (muvazaa nedeniyle tapu iptali ve tescil davası) can be filed to reverse such transactions.

Professional Legal Support in Inheritance Law

Inheritance distribution and related legal processes require expert knowledge and experience. Errors or missing documents can lead to the loss of inheritance rights. Therefore, working with an expert inheritance lawyer ensures that the process proceeds smoothly and legally.

Our attorneys offer legal consultation and litigation services in inheritance disputes, will preparation, inheritance distribution, renunciation of inheritance, reserved shares, and reduction lawsuits. Our goal is to protect the rights of heirs and complete the process fairly and efficiently.

Contact Us for Legal Assistance

If you need expert support in inheritance law matters, you can contact us. Our team of experienced attorneys is ready to assist you in every step of the inheritance distribution and dispute resolution process.

Common Problems in Inheritance Law and Their Solutions

Inheritance law cases often involve disputes and legal conflicts among heirs. Resolving these disputes legally is crucial to protecting the rights of all parties involved. Here are some of the most common inheritance law problems and their legal solutions:

1. Disputes Over Inheritance Distribution

Heirs frequently disagree on the fair distribution of inheritance, especially regarding real estate, bank accounts, or valuable assets. In cases where heirs cannot agree, the court may order the sale of the inheritance property and distribute the proceeds among the heirs. Dissolution of joint ownership lawsuits is a common legal remedy in such situations.

2. Disputes Over the Validity of a Will

Sometimes, heirs challenge the validity of a will, arguing that it is legally invalid or violates their rights. If a will fails to meet formal requirements or infringes upon the reserved shares of certain heirs, it may be annulled through a will annulment lawsuit. The court will assess whether the will complies with legal regulations and determine its validity.

3. Fraudulent Transfers and Hidden Asset Transfers

If a deceased person transfers assets fraudulently to exclude certain heirs, these transactions may be considered invalid. In such cases, heirs can file a lawsuit for annulment of fraudulent transfers (muvazaa davası) to reclaim the assets. To win such a case, heirs must prove that the transfer was intended to deprive them of their inheritance rights.

4. Violation of Reserved Shares and Reduction Lawsuits

Certain heirs, such as children, parents, and spouses, have legally protected inheritance shares in Turkey. If the deceased allocates assets in a way that violates these reserved shares, a reduction lawsuit (tenkis davası) can be filed to restore the rightful share of these heirs.

5. Renunciation of Inheritance and Protection from Debts

If the deceased has outstanding debts, these debts transfer to the heirs along with the assets. To avoid liability, heirs may renounce the inheritance (reddi miras) by filing a renunciation lawsuit within three months of becoming aware of the inheritance. If they fail to do so within this period, they are automatically considered to have accepted the inheritance, including its debts.

Seeking professional legal assistance in inheritance law matters ensures that the process is handled correctly and fairly. Our experienced attorneys provide guidance and representation in inheritance distribution, dispute resolution, and litigation to protect the rights of heirs.