inheritance law in turkey

Index

INHERITANCE LAW IN TURKEY: RIGHTS OF HEIRS

Inheritance law is the branch of law that governs the distribution of a person’s estate upon their death. It encompasses rules and regulations regarding how a person’s assets and liabilities are to be divided, who will be entitled to inherit, and the determination of the shares that each heir will receive.

Inheritance law is based on the legal framework and norms of a country. Each country may have its own specific inheritance laws as they are often derived from local legislation and customs. Therefore, inheritance law can vary depending on the country or region.

Inheritance Law in Turkey is a branch of private law that covers all the rules that regulate the transfer of a person’s assets in the event of their death (or the equivalent of death, such as a presumption of death). Inheritance Law in Turkey is related to the transfer of property upon death. In Inheritance Law in Turkey, the principle of private property and its continuity has been adopted.

The law provides that upon the death of the inheritor, the inheritance will pass to the heirs without the need for any action. This is known as the principle of total succession or full succession. Therefore, the heirs become the successors of the inheritance and are personally responsible for all debts. The heirs collectively own all the assets of the inheritor in accordance with the cooperative partnership principle of right ownership in participation.

Article 599 of the Turkish Civil Code – The heirs acquire the inheritance as a whole, by operation of law, upon the death of the testator. The heirs acquire directly and immediately the testator’s real rights, receivables, other property rights, and possession of movable and immovable properties, subject to the separate cases stipulated in the law, and they are personally liable for the testator’s debts. Appointed heirs also acquire the inheritance upon the death of the testator. Legal heirs are obliged to deliver the inheritance that falls to the appointed heirs to them in accordance with the possession provisions.

WHEN DOES THE INHERITANCE OPEN ACCORDING TO TURKISH INHERITANCE LAW?

Article 575 of the Turkish Civil Code states that the inheritance opens upon a person’s death. This article stipulates that any endowments and distributions related to the inheritance made by the deceased while alive will be evaluated according to the status of the estate at the time of death. Therefore, the inheritance is considered open with the death of the deceased, and the estate in question is transferred to the heirs according to Turkish Inheritance Law.

The term “opening of the inheritance” in the law also means that death-related dispositions come into play during the distribution of the inheritance. In addition to legal heirs, appointed heirs become entitled to the inheritance through death-related dispositions such as wills and inheritance contracts. The inheritance, opened with the death of the deceased, becomes ready for transfer and  inheritance distribution.

WHO ARE THE HEIRS IN TURKISH INHERITANCE LAW?

Heirs are the individuals who receive a share of a deceased person’s assets and liabilities according to Inheritance Law in Turkey. In other words, heirs inherit the entire estate, including all assets (actives) and liabilities (passives) of the deceased. This is a legal arrangement that takes place with the commencement of the inheritance process following the death of the deceased. According to legal regulations or the provisions stated in a will, if any, the heirs share the deceased’s estate, ensuring a smooth transfer of the inheritance to them.

1- Legal Heirs

According to the Turkish Civil Code, legal heirs are the individuals who legally inherit the estate and hold rights to the inheritance in cases where the deceased did not make a will or the will is invalid. These heirs typically include the deceased’s close relatives, such as children, adopted children, spouse, parents, siblings, and other relatives.

  • Kinship Heirs

The system adopted in Turkey for Turkish Inheritance Law is the order system. In this system, the blood relatives of the deceased are divided into specific classes, and each class is further divided into specific degrees. The sharing inheritance in Turkey also differ according to these classes. In our country, three classes are arranged for blood relatives, and the inheritance share of each class is predetermined. The descendants of the deceased, namely the children (including adopted children), grandchildren, and subsequent generations, are included in this arrangement.

  • The first class includes the descendants of the deceased.
  • The second class covers the parents of the deceased and their descendants.
  • The third class includes the grandparents of the deceased and their descendants.

The inheritance shares in Turkey of each class is different from the others and is distributed within a specific legal framework.

  • Adopted Children’s Inheritance

According to the provisions of the Turkish Civil Code, inheritance law in Turkey places great importance not only on biological blood relations but also on adoption ties. Adopted children are considered first-class heirs even if they do not have a biological blood relationship with the deceased. The Turkish Civil Code equates the adoption relationship with that of biological children, and adopted children are considered descendants of the deceased.

  • Inheritance of the Surviving Spouse

The surviving spouse’s right to inherit is not considered a class heir because the spouse is not a blood relative of the deceased. However, the surviving spouse is an heir along with any class. The spouse’s inheritance shares in Turkey varies depending on which class they are an heir with.

The inheritance share of the surviving spouse:

  • When an heir with the first class, the spouse’s inheritance share is 1/4 of the estate.
  • With the second class, this ratio is 1/2 of the estate.
  • With the heads of the third class and their children, the spouse’s inheritance share is 3/4 of the estate.

If there are no heirs in the first class or the second class, and the heads of the third class and their children are also not alive, the surviving spouse receives the entire estate. Also, if there are no heirs in the first and second classes, and the heads of the third class and their children are not alive, the surviving spouse again receives the entire estate.

  • Inheritance of the State

If a person dies without leaving heirs, the inheritance passes to the State. This situation occurs when there are no legal heirs or no appointed heirs. The State’s inheritance comes into effect when legal heirs cannot be determined or the deceased does not have the authority to determine the inheritance. In this case, the State accepts the deceased’s assets as an inheritance.

2. Appointed Heirs

Appointed heirs are individuals who have the right to inherit through the deceased’s will, even though they are not legal heirs. According to the Turkish Inheritance Law upon a person’s death, the inheritance generally passes to the legal heirs. However, in some cases, the deceased may wish to leave the inheritance to individuals other than the legal heirs.

In this case, the deceased can make a will to leave their estate to specific individuals, charities, or other persons outside the legal heirs. These individuals designated in the will are called appointed heirs. Appointed heirs are included in the inheritance through a will or inheritance contract, in accordance with the deceased’s wishes, and receive a share of the inheritance distribution.

Appointed heirs obtain their rights and inheritance shares in Turkey determined in the will after the death of the deceased. In this way, after the death of the person making the will, appointed heirs are included in the inheritance distribution in Turkey in addition to legal heirs, reflecting the diversity of inheritance law and respect for personal preferences.

For detailed information about the legal aspect of wills in Turkey, you can refer to our article “Drafting a Will in Turkey.

inheritance rights of foreigners in turkey

HOW ARE INHERITANCE SHARES IN TURKEY DETERMINED?

In Turkey, inheritance shares are determined according to the order system. An order refers to groups where heirs are divided based on their priority according to legal regulations. The order system in the Turkish Civil Code is an important regulation in calculating inheritance shares in Turkey. To be an order heir, one must be a blood relative of the deceased. According to legal regulations, the close relatives of the deceased are divided into specific orders, and heirs in these orders have priority in exercising their inheritance rights.

Each order determines the priority of the heirs, and if there are heirs in an order, heirs in subsequent orders are deprived of their inheritance rights. This regulation aims to distribute the inheritance fairly and determine the heirs according to Inheritance Law in Turkey.

Order System in Inheritance Distribution in Turkey

According to the Turkish Civil Code, three heir orders are recognized. These orders play an important role in the process of determining the heirs of the deceased in inheritance law and in determining the inheritance shares in Turkey.

  • First Order Heirs: The first-degree heirs of the deceased refer to their direct descendants. In this context, the deceased’s children, grandchildren, and their descendants constitute the first order. While equal inheritance distribution in Turkey is made among the children, in the place of deceased children, their own descendants succeed through representation at each degree.
  • Second Order Heirs: The second-degree heirs of the deceased include their parents. The mother and father have equal rights, and in the place of deceased parents, their own descendants succeed through representation at each degree. In other words, if the deceased’s parents are not alive, siblings and their descendants will be among the heirs.
  • Third Order Heirs: The third-degree heirs of the deceased are their grandparents. If the deceased’s children and grandchildren in the first order, and parents in the second order are not alive, the heirs will be the grandparents in the third order. In this case, if there are no closer degree heirs like the deceased’s children, grandchildren, parents, and their descendants, the deceased’s grandparents exercise their inheritance rights as third-degree heirs.

RESERVED PORTIONS OF HEIRS

A reserved portion is the part of the estate that the deceased cannot freely dispose of and which is legally reserved for certain heirs. These reserved portions are legal rights protected for the heirs, regardless of the deceased’s wishes. Reserved portions limit the deceased’s ability to distribute the inheritance as they wish and prevent interference with the heirs’ reserved shares.

Which Heirs Have a Reserved Portion?

The heirs with reserved portions include the deceased’s descendants (children, grandchildren, great-grandchildren, etc.), the surviving spouse, and if there are no heirs among the descendants, the parents.

The deceased can only make testamentary dispositions regarding the remaining portions after the reserved shares of the heirs are deducted. Reserved portions pass to the heirs without any restrictions. The acquisition of reserved portions by the heirs is not subject to any condition. Reserved portions cannot be subject to any conditions.

An appointed heir cannot infringe upon the reserved portion. If the deceased has impaired the reserved shares of heirs with a testamentary disposition, the disposition does not automatically become invalid. The heir whose reserved portion is impaired must request a reduction of the disposition that violates their reserved portion within a certain period.

Reserved Portion Rates of Heirs

According to inheritance law in Turkey, the reserved portions of heirs are as follows:

  • Spouse’s Reserved Portion

For the surviving spouse to be an heir, a valid marriage contract is required. Engagement or cohabitation does not grant legal heir rights. In the event of divorce, spouses cannot be heirs to each other. If the surviving spouse is the sole legal heir, their reserved portion is 3/4. If they are an heir with the deceased’s descendants, their reserved portion is 1/2, and if they are an heir with the deceased’s parents, their reserved portion is 1/4.

  • Children’s Reserved Portion

The reserved portion of the descendants is half of the legal inheritance shares in Turkey. The descendants include the deceased’s adopted children and children born out of wedlock but legally connected to the deceased.

  • Parents’ Reserved Portion

If there are no heirs in the first class, the second class heirs become heirs to the deceased. Among the second-class heirs, the parents have a reserved portion, while siblings do not. The reserved portion for parents is 1/4 of the legal inheritance share.

  • Siblings’ Reserved Portion

With the amendment made to the Turkish Civil Code in 2007, the reserved portion for siblings was abolished.

POSSIBILITIES FOR BENEFITING THE SURVIVING SPOUSE BEYOND THE RESERVED PORTION

If spouses wish for the surviving spouse to benefit from the inheritance beyond the legal share in the inheritance distribution in Turkey, they can achieve this through the following means:

  • Allocation of the Disposition Share

The deceased can leave the portion that falls under their discretionary share to the surviving spouse, beyond the reserved shares of the heirs with reserved portions. The deceased can also specify which assets they want the spouse to inherit through a testamentary disposition.

For example, the deceased can bequeath that all of their assets go to the spouse, and the reserved share heirs receive their portions in cash.

  • Waiver of Inheritance Agreement

The deceased can make a compensated waiver of inheritance agreement for heirs to renounce their reserved shares. In this case, the entire estate remains with the surviving spouse. You can find information about the conditions of renunciation of inheritance in our article “Rejection of Inheritance.

  • Benefit of the Spouse in the Participation in Acquired Property Regime

According to Article 216 of the Turkish Civil Code, in the regime of participation in acquired property, the surviving spouse and the deceased spouse are entitled to half of the residual value by law. However, spouses can agree on a different proportion with a property regime contract made between them. For information about property regime contracts, also known as marriage contracts, you can refer to our article “Marriage Contracts in Turkey.”

HOW IS INHERITANCE DISTRIBUTED IN TURKEY?

To start the process of inheritance distribution in Turkey; the first step will be determining of heirs. The testator can make certain dispositions over their estate after death, including legally prescribed testamentary dispositions such as wills, inheritance contracts, and the appointment of heirs. To execute these dispositions, legal heirs must first be determined. However, the testator is not obligated to distribute their estate equally among the legal heirs. They can leave more or less to specific individuals and may appoint individuals who are not part of the legal heir groups as heirs.

Therefore, the first step in determining the testator’s heirs after death is to identify the legal heirs. Next, the testamentary dispositions made by the testator before death are reviewed to determine if there are appointed heirs. The distribution of the inheritance in Turkey is carried out considering the reserved portions of the legal heirs.

The inheritance distribution in Turkey can be determined through an inheritance distribution agreement among the heirs. However, this agreement must be made in writing and include the participation of all heirs. If even a single heir does not participate, the agreement becomes invalid.

For detailed information on the inheritance transfer process, you can refer to our article “Inheritance Transfer Procedures.”

WHAT ARE THE TYPES OF INHERITANCE DISTRIBUTION IN TURKEY?

Heirs can distribute the assets that have been transferred to them in the following ways:

  • Joint Ownership

Joint ownership means that all heirs collectively own the property. This type of ownership typically arises in limited situations, such as inheritance partnerships, where the owners have equal rights and authority over a specific asset.

In properties subject to joint ownership, each owner is considered to have joint ownership of the entire property. In this case, if there is a inheritance dispute in Turkey among the owners or if an owner wants to sell or transfer the property, the approval of the other owners is required.

At the same time, each owner in joint ownership has equal rights and responsibilities over the entire property and must cooperate with other owners regarding its use, enjoyment, and disposition. This represents an ownership arrangement where rights and responsibilities over the property are sharing inheritance in Turkey equally.

  • Shared Ownership

Heirs may decide to convert joint ownership into shared ownership. Shared ownership is a form of ownership where multiple people own the entire property in specific shares. This often results from inheritance partnerships or other joint ownership situations. In this case, each owner has a specific share, and unless otherwise specified, shares are considered equal.

Shareholders have ownership rights and obligations based on their shares. This means each shareholder has a say over their share in the use, management, and other ownership-related matters. In addition, shares can be transferred, pledged, and seized by creditors at the owner’s discretion. This allows shareholders to exercise and manage their property rights over their shares as they wish.

This legal arrangement offers heirs the opportunity to make the ownership structure more flexible and benefit from the advantages of shared ownership.

  • Inheritance Distribution Agreement

An inheritance distribution agreement is a written agreement containing detailed arrangements on how heirs will share the inherited assets among themselves. In situations arising after the testator’s death, it aims to resolve potential inheritance dispute in Turkey among heirs regarding the distribution and liquidation of the inheritance. This agreement provides a framework for the fair distribution of the testator’s assets, protecting each heir’s rights and ensuring the inheritance is effectively shared.

The inheritance distribution agreement serves as an essential document defining the heirs’ rights and responsibilities over the assets. The agreement covers all inheritance items, including movable and immovable properties. It offers a detailed plan for a fair distribution among the heirs and includes provisions to prevent potential inheritance dispute in Turkey.

While arranging the inheritance distribution agreement among heirs, an agreement is reached on all inheritance items, including movable and immovable properties. The agreement specifies the heirs’ shares and the details of how the inheritance distribution will be made in Turkey.

Through this agreement, heirs can divide the inheritance legally and according to the method agreed upon among the heirs. The inheritance distribution agreement is an essential tool for reaching consensus among heirs. This agreement enables each heir to determine their share, plan how the movable and immovable assets will be distributed, and carry out liquidation procedures following the testator’s wishes according to Inheritance law in Turkey.

According to Article 676 of the Turkish Civil Code, the inheritance division agreement must be made in writing with the participation of all legal or appointed heirs. According to this article, it is sufficient for the agreement to be in writing, and it does not have to be made officially (before a notary). However, for the agreement to be valid, all heirs must unanimously decide how the estate will be divided.

  • Termination of Partnership

A frequently used legal remedy in resolving inheritance dispute in Turkey regarding inheritance distribution in Turkey is a process known as a Dissolution of Partnership or Termination of Partnership Lawsuit, pursued when an agreement cannot be reached among parties. This lawsuit aims to terminate the ownership relationship among shareholders or partners existing in movable or immovable properties subject to shared or joint ownership.

The requesting party seeks to transition the property to individual ownership or have the proceeds of its sale distributed equitably. If it is impossible to divide the property fairly among shareholders, terminating the partnership through a sale can be carried out under this lawsuit. Since no statute of limitations is specified, parties can initiate this legal process at any time.

SHARING INHERITANCE IN TURKEY AMONG SIBLINGS

The distribution of inheritance in Turkey among siblings begins with the process of legal inheritance partnership following the testator’s death. If the siblings can reach an agreement, they can complete the inheritance transfer process and take possession of the inheritance. This agreement is usually made through an inheritance distribution contract.

However, if one of the siblings objects to the distribution of property, it may be necessary to file an inheritance distribution lawsuit. The court applies various provisions to ensure justice among the siblings and distribute the testator’s assets according to the law.

During the inheritance distribution process among siblings, those who claim that their reserved portion has been violated have the right to file lawsuits for reduction and annulment of disposition against other heirs. A reduction lawsuit is filed to nullify dispositions made by the testator during their lifetime that infringe upon reserved portions. The inheritance distribution among siblings should be carried out in accordance with legal regulations and principles of Turkish Inheritance Law.

HOW IS INHERITANCE DISTRIBUTION PROCESS DONE IF THERE IS A WILL OF THE TESTATOR?

The first issue to be examined in the inheritance distribution process is whether the testator has prepared a will that complies with the law. If the will contains provisions that infringe upon the heirs’ reserved portions, this violation should be corrected with a reduction lawsuit. This lawsuit is initiated to ensure compliance with legal regulations if the provisions of the will exceed the reserved portions and to ensure a fair distribution of the inheritance.

sharing inheritance in Turkey

WHAT IS INHERITANCE DISTRIBUTION LAWSUIT FOR INHERITANCE DISPUTE IN TURKEY?

During the inheritance distribution process in Turkey, it is possible to distribute either all or part of the estate. To distribute the entire estate, an agreement must be reached among all legal and appointed heirs. However, if any of the heirs causes a dispute, it becomes necessary to file a inheritance distribution lawsuit for inheritance distribution.

If there is a disagreement among heirs regarding the distribution of the inheritance in Turkey, the heirs can file an inheritance distribution lawsuit to ensure that the estate is distributed according to the Inheritance law in Turkey.

After the death of the testator, heirs have joint ownership of the estate. However, this joint ownership is terminated by filing an inheritance distribution lawsuit. Each heir has the right to file a lawsuit for the distribution of the inheritance in Turkey, and this lawsuit is filed with all heirs as defendants. There is no specific time limit for filing an inheritance distribution lawsuit, so a lawsuit can be filed as long as the joint ownership of the inheritance continues.

When an inheritance distribution lawsuit is filed, the court evaluates the assets in joint ownership and allocates shares to each heir. If the estate cannot be divided into separate properties for each heir, the judge has the authority to sell some of the assets. The proceeds from the sale of these assets are then distributed fairly among the heirs. This method is applied by the judge to ensure a fair distribution of the entire estate.

If the testator made a determination regarding inheritance distribution in Turkey before their death, the court will review whether this determination complies with the conditions of the will. However, it is important to consider the reserved share ratios. That is, the testator’s determination of inheritance distribution should not exceed the reserved shares granted to legal heirs. If the reserved share ratios are exceeded, a reduction lawsuit can be filed for the portions that exceed the reserved shares.

This legal process is crucial for ensuring that the inheritance is distributed fairly and in accordance with legal regulations. In cases of disagreement among heirs, filing an inheritance distribution lawsuit to seek resolution through the court is a legal right provided by the Turkish Civil Code.

WHICH COURT IS COMPETENT AND AUTHORIZED FOR SHARING INHERITANCE IN TURKEY ?

Cases related to sharing inheritance in Turkey must be filed in the court of the deceased’s last place of residence. The court at this residence will also handle cases concerning the annulment or reduction of the deceased’s dispositions, the division of the inheritance, and claims related to the inheritance.

For disputes related to inheritance law in Turkey, the competent court is the civil court of peace located in the jurisdiction of the deceased’s last place of residence. Any or all of the heirs have the authority to file the case in this court.

Inheritance cases must be filed in the competent and authorized courts; otherwise, cases filed in incompetent or unauthorized courts may result in loss of time and rights. Therefore, it is crucial to file the case in the correct court to ensure the fair distribution of the inheritance in Turkey.

WHAT IS INHERITANCE PARTNERSHIP?

Inheritance partnership refers to the continuation of joint ownership of an estate by the heirs for a period before the inheritance is divided among them. According to the Turkish Civil Code, the inheritance is divided among the deceased’s heirs. However, when heirs cannot reach an agreement on the distribution, inheritance partnership comes into play.

Inheritance partnership arises automatically under the conditions specified in the Turkish Civil Code after the death of the testator and is applicable to all heirs. It includes all heirs who are entitled to the entirety or a portion of the estate, including those designated by a will.

Inheritance partnership cannot be terminated without the agreement of the parties or a court decision. It continues for the period defined by the law until the conditions requiring the division of the inheritance are resolved.

During the period of inheritance partnership, preparations for the distribution of the inheritance can be made. The parties may reach an agreement on how to divide the inheritance. If no agreement can be reached, the court may determine the division of the inheritance according to Turkish Inheritance Law.

During the inheritance partnership period, the management of the estate is carried out by the legal heirs or those designated by the will. The management process involves decision-making with equal rights for the partners. If heirs disagree among themselves, one of the heirs may request the appointment of a representative for the inheritance partnership from the court.

Inheritance partnership provides a mechanism for allowing time to make necessary preparations for the distribution of the estate. However, as the period of inheritance partnership extends, inheritance dispute in Turkey between the parties may increase and the process of distribution may be prolonged. Therefore, it is recommended that parties reach an agreement and complete the distribution of the inheritance as soon as possible during the inheritance partnership process.

WHAT SHOULD BE DONE IN CASE OF ASSET EVASION FROM INHERITANCE?

Asset evasion from inheritance typically involves concealing assets through seemingly legitimate transactions such as sales or care until death agreements. In such cases, heirs can file a “cancellation of title deed” (fraudulent conveyance) lawsuit to include the concealed assets back into the estate and ensure that inheritance distribution is conducted according to the law. A cancellation of title deed lawsuit is used to prevent fraudulent transactions aimed at depleting the deceased’s estate, thereby protecting the heirs’ shares.

  • Lawsuit For Cancellation Of Title Deed Due To Deceased’s Collusion

Cancellation of title deed refers to the act of deceiving heirs by hiding assets to avoid inclusion in the inheritance. In these cases, the deceased may show that they transferred assets through false transactions such as sales or agreements for care until death, rather than making a genuine donation. The main objective is to complicate the heirs’ ability to claim their share of the estate in the future and to evade asset inclusion.

Cancellation of title deed process acts as a legal mechanism to reveal the deceased’s true intent and fraudulent transactions. Heirs can apply to the court to identify and annul these fraudulent transactions. This process prevents unfair harm to the heirs from the deceased’s asset evasion strategies.

Heirs file a lawsuit to uncover the deceased’s true intentions and fraudulent actions. The court may then determine the validity of the fraudulent transactions in inheritance and annul them. This allows heirs to receive a fair share of the inheritance. Legal expertise and evidence presentation are crucial, as heirs must provide concrete proof of the fraudulent intent and actions.

  • Reduction Lawsuit

A reduction lawsuit (tenkis davası) is a legal process initiated when the deceased’s dispositions, particularly through a will or inheritance contract, impair or violate the heirs’ reserved shares. This lawsuit is usually filed by heirs who believe the deceased’s dispositions unfairly interfere with their reserved inheritance shares in Turkey.

A reduction lawsuit aims to protect the reserved share of the heir who files it, without affecting the shares of other heirs. Therefore, the filing heir can initiate this legal process to ensure their reserved share is protected and the inheritance distribution is fair.

There is a time limit for filing this lawsuit. Heirs have the right to file a reduction lawsuit within one year from when they become aware of the infringement of their reserved share or within ten years from the date of the will or other dispositions. These time limits define the periods for legal protection against the deceased’s posthumous transactions.

The reduction lawsuit is an important legal avenue for ensuring the fair and legal distribution of the inheritance in Turkey. It examines the deceased’s dispositions and ensures the protection of reserved shares, securing the rights of the heirs.

inheritance distribution in Turkey

WHAT ARE THE CONDITIONS FOR EXCLUDING AN HEIR?

In inheritance law in Turkey, the law allows the testator to exclude heirs with reserved shares under certain circumstances.

Situations that may require the exclusion of an heir include the heir committing a serious crime against the testator or the testator’s close relatives, or significantly failing to fulfill obligations arising from family law.

Exclusion from inheritance is usually carried out through a will. However, for the exclusion to be valid, the reasons specified in the will must be clearly and definitively expressed. General statements are not sufficient; if the reasons for exclusion are not expressed in a specific and concrete manner or are inadequate, the heir with reserved shares may file a reduction (tenkis) lawsuit to claim their reserved share.

Since the decision to exclude an heir is made in the will, a cancellation lawsuit can be filed against this decision. Additionally, if the testator made a fundamental mistake in the reasons for exclusion, a cancellation lawsuit can also be filed. An excluded heir cannot receive a share of the inheritance and does not have the right to file a reduction lawsuit. If the testator has not made any arrangements regarding the share of the excluded heir, that share will pass to the other heirs who replace the excluded one.

INHERITANCE RIGHTS OF FOREIGNERS IN TURKEY

The inheritance rights of foreigners in Turkey are regulated by the Turkish Civil Code, which constitutes the fundamental legal framework for inheritance law in the country. The inheritance rights of foreigners are based on the same principles as those of Turkish citizens.

According to the Turkish Civil Code, the principle of “international personality” applies to inheritance matters. This principle means that inheritance law in Turkey is determined by the law of the country of citizenship of the person. In other words, a foreigner’s inheritance rights are evaluated based on the nationality of the deceased and the relevant rules of that country.

However, there are some restrictions and special regulations concerning the inheritance of movable and immovable property in Turkey. For example, a foreigner who owns immovable property in Turkey may have more limited inheritance rights compared to Turkish citizens. The legal regulations of the country of citizenship of the deceased and the alignment and precedence rules between Turkish law and those regulations are taken into account.

In terms of inheritance law in Turkey, whether the heir is a Turkish citizen or not does not matter. Foreigners who acquire the status of heir in Turkey have their inheritance rights protected under the Civil Code and receive their shares of the inheritance just like Turkish citizens.

If the deceased is not a Turkish citizen but has financial assets (both liquid and non-liquid, such as real estate, vehicles, shares, etc.) in Turkey, the first step is to determine the jurisdiction according to Law No. 5718 on Private International Law and Procedural Law. Subsequently, bilateral agreements with the deceased’s country of citizenship are reviewed.

If no obstacles are encountered, the inheritance of the deceased’s assets is distributed among the heirs, and the inheritance rights of foreigners in Turkey are preserved. Heirs have the freedom to either retain the inherited assets in Turkey or transfer them abroad.

Since inheritance rights of foreigners in Turkey fall under international law, it is crucial to seek support from an inheritance lawyer to avoid any loss of rights.

SUPPORT FROM AN INHERITANCE LAWYER IN TURKEY FOR SUCCESSION LITIGATION

The determination of legal inheritance share and reserved shares is crucial in protecting the rights of heirs. Succession litigation process in Turkey can take several years, and heirs may abandon their case or agree to less than their rightful share as a result. Thus, it is the duty of an inheritance lawyer in Turkey to accurately calculate and distribute legal shares to heirs in accordance with relevant legislation to avoid prolonged legal inheritance dispute in Turkey. This will allow heirs to complete the process of sharing inheritance in Turkey peacefully without the moral and financial burdens associated with a lawsuit or being sued by other heirs.

However, in the event of a succession litigation, it is vital to seek legal assistance and continue the case with a lawyer in Turkey. Inheritance law in Turkey is a complex field and adheres to strict procedural rules. A procedural error by either party could prolong the legal process or lead to rejection of the case. Seeking help from a professional inheritance lawyer in Turkey for sucession litigation can prevent such mistakes and ensure the highest interest of the heirs is protected before the law.

Foreigners inheriting assets in Turkey are also subject to Turkish inheritance law, which differs from the laws of other countries. Therefore, it is essential to seek the help of a inheritance lawyer in Turkey to understand the applicable laws and regulations in Turkey and ensure a smooth inheritance process.

You can review our other practice areas here and contact info@cbhukuk.com for your legal support request.

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