CANCELLATION OF DEED LAWSUIT IN THE EVENT OF CONCEALMENT OF INHERITANCE ASSETS IN TURKEY

In Turkish culture, inheritance is regarded as an essential part of both the social structure and family relations. The strong family ties and the value attributed to customs and traditions make the approach to inheritance in Turkey different from other societies and legal systems. In this context, inheritance is not only considered a material value but also a reflection of family bonds and intergenerational connections.

In particular, the phenomenon of concealment of assets in Turkey within inheritance cases is a highly sensitive matter in both Turkish inheritance law and family dynamics. Such actions may disrupt the balance within families and cause both legal and emotional conflicts among heirs.

Although respect for the will of the deceased is accepted as a fundamental principle, in some cases, unlawful actions may be taken by the decedent or heirs in order to bypass legal regulations. As a result of these actions, heirs whose inheritance rights are violated in Turkey may suffer injustice and be forced to seek legal remedies to protect their rights.

Consequently, fraudulent transfers of assets in Turkey in the context of inheritance are frequently encountered and debated both legally and sociologically. After the death of the decedent, it is essential that the rights of heirs are protected within the framework of the law. However, despite this, various irregularities and unfair practices may arise during the distribution of inheritance in Turkey. For this reason, obtaining legal assistance from an attorney in Turkey before initiating legal proceedings is of great importance.

WHAT DOES FRAUDULENT CONVEYANCE BY THE DECEDENT IN TURKEY MEAN?

Fraudulent conveyance in inheritance refers to the testator’s intention, during their lifetime, to reduce or eliminate the lawful shares of the heirs through legal transactions. This situation carries special importance in Turkish inheritance law, as it disrupts the balance among heirs. The main issue here is that, although the transaction appears formally valid, it essentially contains the intent to deprive the heirs of their inheritance rights.

Fraudulent conveyance by the decedent in Turkey may occur in different forms. The most common example is when the testator transfers their immovable property to an heir or a third party by showing it as a sale, without there being a real sale. In such cases, although the sale appears valid, no actual payment is made, and the purpose is to eliminate the inheritance rights of other heirs. Similarly, the testator authorizing a third party to dispose of assets, or distributing their estate during their lifetime without any economic necessity, are typical examples of fraudulent conveyance by the decedent in Turkey.

At this point, it is important to note that fraudulent conveyance in inheritance in Turkey is not limited only to transactions carried out with an explicitly wrongful intent. Sometimes the testator engages in such acts in the belief of maintaining family balance, or with the aim of granting a privilege to a specific heir. However, in both cases, the result remains the same; the legal order of inheritance distribution among heirs is disrupted.

Therefore, the concept of fraudulent conveyance by the decedent in Turkey is not only a legal matter, but also reflects the conflict between the will of the testator and the statutory inheritance system. For this reason, the concept should be evaluated not merely on the basis of formal transactions, but also considering the economic rationale, family ties, and the true intent of the testator.

IN THE CASE OF INHERITANCE THEFT, HOW ARE HIDDEN INHERITANCE ASSETS DETECTED IN TURKEY?

Inheritance theft in Turkey can be identified both through external means and by legal authorities. When heirs suspect that stolen inheritance in Turkey has occurred, they or their legal representatives may conduct investigations such as land registry inquiries, examination of trade registry records for commercial enterprises, review of intellectual property rights and trademark registrations, or analysis of the decedent’s bank account transactions.

However, while the decedent’s assets and liabilities can be determined externally in Turkey, certain difficulties may arise due to privacy and protection of personal data. For this reason, the most reliable and legally binding way to identify hidden inheritance assets in Turkey is by filing an “inheritance determination lawsuit”.

The inheritance determination lawsuit in Turkey enables a detailed examination of all transactions carried out by the decedent regarding the estate. Within the scope of this lawsuit, the court requests all relevant records from official institutions and also has the authority to uncover collusive or fraudulent transactions. In this way, it becomes possible to prevent the violation of heirs’ inheritance rights and to identify stolen inheritance in Turkey.

In particular, when it is not possible to determine externally the transactions made over the estate after the death of the decedent, the inheritance determination lawsuit emerges as the most effective legal remedy. During the judicial process, if necessary, expert evaluations and witness statements are also taken into consideration, thereby clarifying acts such as the transfer of assets to others, concealment of property, or disposal of assets through collusive transactions by the decedent in Turkey.

WHAT IS FRAUDULENT CONVEYANCE IN TURKEY?

Fraudulent conveyance in Turkey refers to an agreement between parties to conceal their true intentions by making a contract that appears valid on the surface but has no binding effect between them, with the aim of deceiving third parties. In this context, although the transaction seems legally valid in form, in reality, it does not reflect the actual will of the parties and instead conceals a hidden legal relationship.

For example, in a divorce process in Turkey, if a spouse transfers immovable property to third parties in the land registry under the guise of a sale, in order to avoid asset division before filing for divorce, this constitutes a simulated transaction. Behind the apparent sale lies the real intention of reducing the other spouse’s share in asset division. Therefore, both the ostensible sale and the hidden agreement behind it are legally invalid in Turkey.

Another example is when a debtor transfers immovable property to third parties by showing it as a sale in the land registry, or artificially establishes a mortgage, in order to prevent creditors from placing a lien through enforcement proceedings. In this case, behind the apparent sale lies the intention of fraudulent conveyance in Turkey to escape creditors. Thus, the ostensible sale and the concealed agreement behind it are considered legally invalid.

For fraudulent conveyance to exist in Turkey, three fundamental elements must be present:

1. There must be a deliberate inconsistency between the parties’ true purpose and the transaction they perform.
2. There must be an intention to deceive third parties.
3. The parties must have mutually agreed to conduct a simulated transaction.

In the context of inheritance law, the phenomenon of simulation is referred to as fictitious transaction of the testator in Turkey. A testator may transfer immovable property through gratuitous dispositions in order to deprive heirs of their inheritance rights in Turkey. Such transactions are often disguised as sales contracts or lifetime care contracts, enabling the transfer of property. However, these simulated transactions are legally invalid, as they violate the heirs’ rights in Turkey. To detect immovable property transferred for the purpose of inheritance fraud or fraudulent conveyance in Turkey, either externally or through the court, obtaining the assistance of a real estate lawyer in Turkey specialized in inheritance disputes can be highly beneficial.

WHAT IS THE FICTITIOUS TRANSACTION OF THE TESTATOR IN TURKEY?

The fictitious transaction of the testator in Turkey refers to situations where a person, with the intent of depriving their heirs of their inheritance rights, disguises a gratuitous transfer (donation) as a sale or a lifetime care agreement. For the fraudulent transfer of inheritance assets in Turkey to be established, the testator must have acted with a clear intention to prevent heirs from receiving their lawful shares. While in general cases of simulation, the parties conceal their transaction with another contract to deceive third parties, in the fictitious transaction of the testator in Turkey, the persons being deceived are the heirs or some of the heirs.

The realization of a fictitious transaction of the testator in Turkey requires certain conditions. First, there must be an apparent transaction; however, this transaction should not reflect the true will of the testator. Moreover, the purpose of the testator must be to deprive heirs of their legal inheritance rights in Turkey. In addition, there must be an agreement of simulation between the parties. Such agreements do not necessarily need to be in writing; oral agreements may also be deemed valid.

Another important condition concerning the fictitious transaction of the testator in Turkey is the existence of a hidden transaction. This hidden transaction, reflecting the true intent of the parties, is usually in the form of a donation. However, since donation agreements are subject to statutory formal requirements in Tukey, if they are not executed in compliance with these requirements, they are deemed invalid. Therefore, the discrepancy between the ostensible transaction and the hidden transaction is one of the most critical elements preventing the lawful distribution of the estate.

• Elements of the Fraudulent Transfer of Inheritance Assets in Turkey

Fraudulent Transfer of Inheritance Assets in Turkey is a legal phenomenon that arises when the testator disguises gratuitous transfers (donations) as sales contracts or lifetime care agreements, with the purpose of concealing property from heirs. The main objective of such transactions is to prevent especially reserved heirs from filing a reduction lawsuit in the future to claim their statutory inheritance rights. Thus, the testator attempts to present donations as sales in order to block heirs from pursuing their claims in Turkey. Lawsuits concerning deceased collusion in Turkey are therefore aimed at examining the existence of the elements of simulation.

1. The Apparent Transaction

The apparent transaction is the act that does not reflect the true will of the testator and is not intended to have legal consequences. In practice, such transactions are usually in the form of sales, donations, or lifetime care agreements. For example, even if the testator transfers immovable property through a sale in the land registry, the true purpose may be to prevent heirs from initiating lawsuits in Turkey.

2. The Simulation Agreement

The simulation agreement in Turkey is the mutual understanding between the testator and the third party that the apparent transaction is conducted solely to deceive the heirs. By this agreement, the parties accept that the ostensible contract will not create any binding effect between them. Such an agreement may be in writing or oral.

3. The Intention to Deceive the Heirs

Another essential element is the intention to deceive the heirs. If the parties (the testator and the third party) do not act with the purpose of deceiving the heirs, the transaction cannot be considered simulation in Turkey, and therefore, a lawsuit for fraudulent transfer of inheritance assets in Turkey cannot be filed.

4. The Hidden Contract

The hidden contract reflects the true intent of the testator and is concealed behind the apparent transaction. This contract is usually in the form of a donation. Since donations are subject to statutory formal requirements in Turkey, failure to comply renders the contract invalid. Therefore:

• For untitled immovables (uncadastered properties, Ottoman-era title deeds, etc.) and movables, the hidden transaction is not subject to formality and is considered valid.
• For titled immovables, compliance with official form requirements is necessary. Since this condition is not met in the hidden agreement, the transaction is deemed invalid.

5. The Intention to Deprive Heirs of Their Rights

Finally, for deceased collusion in Turkey to be established, the testator must have acted with the real intention of depriving heirs of their inheritance rights. If no such intent exists, the transaction cannot be considered within the scope of fraudulent transfer in Turkey and cannot be contested as such.

• The Importance of The Testator’s True Intent In The Fraudulent Transfer of Inheritance Assets in Turkey

In the context of the fictitious transaction of the testator in Turkey, determining the testator’s true intent is extremely important for revealing the real purpose of the transaction between the parties. The identification of the true intention behind the apparent transaction is a fundamental element in resolving claims regarding fraudulent transfer of inheritance assets in Turkey. In this regard, courts conduct a comprehensive evaluation to uncover the testator’s actual intent.

1. Written or Oral Agreements Between the Parties

Explicit statements, oral agreements, written contracts, documents, or letters between the parties serve as critical evidence in understanding the testator’s real purpose. Such evidence can reveal why the testator carried out the apparent transaction.

2. Conduct of the Parties

The behavior of the testator after the transaction is also considered in determining intent. For example, if the testator continues to use the property supposedly transferred, retains control over it, or continues to benefit from its income, it may indicate that the transaction was only apparent and did not reflect a genuine donation or sale.

3. Circumstantial Evidence

Circumstantial evidence is also significant in revealing the testator’s true intent in Turkey. Witness statements, correspondence, bank account transactions, and financial records may point to the testator’s actual purpose. Such indirect evidence often uncovers the underlying donation or intent to engage in concealment of inheritance assets in Turkey behind the apparent transaction.

In conclusion, accurately determining the testator’s true intent plays a critical role in resolving disputes related to the fictitious transaction of the testator in Turkey. Courts assess all available evidence collectively to determine whether the apparent transaction or the hidden transaction reflects the testator’s actual intention. However, this process requires a complex and careful evaluation, depending on the variety and reliability of the evidence and the behavior of the parties.

HOW TO RECOVER STOLEN INHERITANCE IN TURKEY?

A lawsuit for the recovery of stolen inheritance in Turkey is filed when a testator transfers assets to third parties through fraudulent or collusive transactions with the intention of undermining the heirs’ rights and depriving them of their inheritance. In Turkish law, this type of lawsuit is commonly referred to as a “Fraudulent Transfer of Inheritance Assets Lawsuit” and serves as an important legal mechanism to protect the reserved shares and statutory inheritance rights of heirs.

Through this lawsuit, it is possible to request the annulment of transactions that appear to be sales or donations but in reality are intended to conceal assets from heirs in Turkey. This ensures that heirs can exercise their rightful and equitable claims over the estate.

• Who Can File a Lawsuit For Recovering Stolen Inheritance in Turkey?

A lawsuit for recovering stolen inheritance in Turkey can be filed by any heir whose inheritance rights have been violated. This scope is not limited to heirs with reserved shares, but includes all statutory and appointed heirs. Moreover, adopted children also have the right to file such a lawsuit in Turkey. In contrast, those who have renounced their inheritance, waived their rights, or have been excluded from the inheritance do not have the right to bring this action. Since these lawsuits are not subject to mandatory mediation in Turkey, heirs do not need to approach a mediator before filing the lawsuit.

All heirs whose inheritance rights are violated, whether or not they hold a reserved share, can file a lawsuit for recovering stolen inheritance in Turkey. No distinction is made between heirs who existed at the time of the fraudulent transaction and those who may emerge later.

The key requirement is that at the time of the fraudulent transaction in Turkey, there was an heir whom the testator attempted to deceive, and that the plaintiff is an heir at the time the lawsuit is filed. All heirs whose rights have been violated may file a lawsuit for annulment and registration of the title deed proportional to their inheritance share, and they may also request the return of the property to the estate.

Heirs may file the lawsuit individually in Turkey. The fact that the estate is shared does not prevent each heir from filing a “title deed annulment and registration” lawsuit for their own share without the consent of others. However, if an heir seeks to recover the entire property to the estate rather than only their proportional share, they must either obtain the consent of the other heirs or proceed through the estate representative.

• Can an Heir File a Lawsuit for Fraudulent Transfer of Inheritance Assets by the Decedent in Turkey Alone?

In lawsuits for title deed annulment and registration filed against non-heirs, if the cause of action is based on incapacity, abuse of power of attorney, fraud, mistake, or error, it is not possible to file the lawsuit solely according to the inheritance share. This is because such lawsuits concern the validity of transactions carried out by the testator during their lifetime and produce direct effects on the estate. Therefore, all heirs must be parties to the lawsuit, or the estate must be represented through an appointed representative.

In contrast, lawsuits filed among heirs are subject to a different legal regime in Turkey. These lawsuits are conducted under the co-ownership provisions, and heirs may file the lawsuit proportionally to their inheritance share in Turkey. Consequently, heirs who wish to protect only their own share based on concealment of assets in Turkey can file a lawsuit individually without the participation of other heirs. However, if the return of the entire immovable property to the estate is requested, the consent of all heirs is required; otherwise, the estate must be represented.

As of the testator’s date of death, the estate is subject to joint ownership in Turkey. Therefore, if other heirs exist besides the plaintiff, this must be taken into account when exercising the right to sue. Especially in lawsuits based on incapacity, abuse of power of attorney, or fraud, heirs must act jointly. If one heir files a lawsuit for returning property to the estate in Turkey, the consent of all heirs must be obtained; otherwise, the estate must be represented by an appointed representative. This principle is unambiguous under Article 640 of the Turkish Civil Code (Y1HD-K.2020/3302).

Summary:

1. Lawsuits Against Non-Heirs: Title deed annulment and registration lawsuits based on incapacity, abuse of power of attorney, or fraud must include all heirs.
2. Lawsuits Among Heirs: Can be filed according to the proportion of the inheritance share and are subject to co-ownership provisions.
3. Joint Ownership of the Estate: As of the testator’s death, the estate is under joint ownership, and the presence of other heirs must be considered.
4. Representation and Consent: In cases such as incapacity or abuse of power of attorney, all heirs must act together in Turkey. If one heir files a lawsuit for returning property to the estate, the consent of all heirs is required; otherwise, the estate must be represented by a designated representative.

• Who Cannot File A Lawsuit For The Fictitious Transaction Of The Testator In Turkey?

A lawsuit concerning the fictitious transaction of the testator in Turkey provides heirs with the opportunity to protect their inheritance against the testator’s transfers of assets through collusive transactions. However, not everyone has the right to file this lawsuit in Turkey. Under certain conditions prescribed by law, persons who have lost their inheritance rights or voluntarily waived them are not entitled to bring a lawsuit.

1. Heirs Who Renounce the Inheritance in Turkey

Those who renounce the inheritance in Turkey are considered to have no legal connection with the estate. According to Articles 605 and following of the Turkish Civil Code, heirs who make a declaration of renunciation completely forfeit any rights and obligations arising from the testator’s assets. Therefore, they cannot challenge collusive transactions carried out by the testator during their lifetime.

2. Heirs Who Waive Their Inheritance in Turkey

A waiver made through an inheritance agreement in Turkey constitutes a clear relinquishment of the inheritance rights that may arise in the future (TCC Art. 528). Since the person who waives their inheritance is no longer considered an heir, they cannot assert rights over the estate or file a lawsuit concerning inheritance theft in Turkey.

3. Heirs Who Are Excluded from the Inheritance in Turkey

Persons who are excluded from inheritance for reasons prescribed by law (for example, committing serious offenses against the testator or relatives such as insult, fraud, or assault, or failing to fulfill family obligations) completely lose their status as heirs (TCC Art. 510). Consequently, they can not claim any rights over the estate and have no standing to file a lawsuit for the fictitious transaction of the testator in Turkey.

Heirs who renounce the inheritance, waive their rights, or are legally excluded from inheritance do not have the right to file a lawsuit concerning the fictitious transaction of the testator or inheritance theft in Turkey, because they have lost their legal status as heirs or voluntarily forfeited their inheritance rights.

• Jurisdiction And Competent Court For A Lawsuit For Fraudulent Transfer Of Inheritance Assets in Turkey

In lawsuits for title deed annulment and registration filed due to the fraudulent transfer of inheritance assets in Turkey, the competent court is designated as the Civil Court of First Instance under Law No. 6100 on Civil Procedure. Since these lawsuits concern a specific immovable property, the authorized court is the court located in the jurisdiction where the property is situated. If multiple immovable properties are involved, the lawsuit may be filed in the court of any one of the locations where the properties are situated.

• How Long Do Heirs Have to File a Lawsuit for Fraudulent Transfer of Inheritance Assets in Turkey?

Lawsuits for fraudulent transfer of inheritance assets in Turkey filed based on the allegation of a fraudulent transaction by the testator in Turkey are not subject to any statute of limitations or forfeiture periods. Since collusive transactions are legally invalid, they produce no binding legal effects. This allows the claim of a collusive transaction to be litigated at any time, and the passage of a certain period does not render the transactions valid.

Therefore, heirs may file a lawsuit for title deed annulment and registration against transactions carried out by the testator with the intent to unjustly deprive heirs of their inheritance, and there is no time limitation for such lawsuits in Turkey.

• Evidence in Lawsuits For Concealment of Assets in Turkey

In inheritance law, lawsuits for deceased collusion in Turkey—which are critical for protecting heirs’ rights—are filed to reveal the true intent of the testator and to prevent fraudulent transactions. In these lawsuits, heirs are obliged to prove that the testator engaged in a collusive transaction, presenting an asset as a sale, donation, or life-care agreement, while their true intent was to transfer it in a manner that circumvents the heirs’ rights.

According to the Supreme Court’s General Assembly of Jurisprudence Unification Decision (dated April 1, 1974, case no. 1974/1-2), heirs may present any kind of evidence, including witness testimony, to support their claims because the lawsuits are based on the testator’s actual intent in Turkey. For example, if the testator claimed a life-care agreement, it must be proven that the testator did not actually require care or that the person receiving the property did not provide care.

Witness testimony plays a crucial role in revealing the testator’s real intent in Turkey. Additionally, Supreme Court precedents outline criteria for evaluating these cases, which include:

• The difference between the title deed sale price and the property’s actual value,
• Whether the transferred property had tenants and if they had any connection to the testator,
• The testator’s economic situation, family relationships, regional traditions, and psychological factors,
• The purchasing capacity of the third party and whether the testator had realistic reasons to sell the property.

In proving allegations of deceased collusion in Turkey, heirs may rely on witness statements, expert reports, inspection results, and other legal evidence. The ultimate goal of these lawsuits is to prevent the testator from fraudulently depriving heirs of their inheritance and to ensure justice is served.

• Court Fees in Lawsuits For Fraudulent Transfer of Inheritance Assets In Turkey

Lawsuits for title deed annulment and registration based on the fraudulent transfer of inheritance assets in Turkey are subject to a proportional court fee system determined according to the value of the lawsuit. Generally, at the beginning of the lawsuit, the proportional fee is calculated based on the declared value of the immovable property, as the actual value of the property is not precisely known at the time of filing.

As the lawsuit progresses, the actual value of the property is determined by an expert appointed by the court, and the court fee is updated according to this value, increasing if necessary.

• Results of Lawsuits For Fraudulent Conveyance By The Decedent in Turkey

Fraudulent conveyance by the decedent in Turkey is a critical concept in inheritance law, designed to protect the rights of heirs and prevent unfair or deceptive transactions. It encompasses fraudulent acts carried out by the decedent to deprive heirs of their lawful inheritance rights in Turkey. Such actions safeguard both the legal rights of heirs and the ownership of the estate.

A lawsuit for stolen inheritance in Turkey is essentially a cancellation and registration lawsuit based on fraudulent conveyance by the decedent. If the lawsuit is successful, the decendent’s collusive transactions are deemed invalid, and heirs acquire rights in accordance with their legal shares. This effectively nullifies any fraudulent transfers that violated the heirs’ inheritance rights in Turkey.

Upon acceptance of the lawsuit, the title deed records of properties transferred through collusive transactions are annulled and re-registered in the name of the decedent. This process is crucial to ensure the proper transfer of the estate to heirs in Turkey. After registration, the properties are distributed among the heirs according to their shares under the provisions of the Turkish Civil Code.

One of the key outcomes of such lawsuits in Turkey is the protection of the principle of equality among heirs. The decedent’s collusive transfers that would have violated certain heirs’ rights are eliminated, allowing all heirs to exercise control over the estate in proportion to their legal shares. This helps prevent disputes among heirs in Turkey.

Furthermore, the court decision in a fraudulent conveyance lawsuit in Turkey is important not only for the parties involved but also for public order and the accuracy of the title deed registry. Replacing annulled collusive records with records reflecting the true legal situation ensures security and transparency in property ownership.

In conclusion, the primary effect of a lawsuit for stolen inheritance in Turkey is the protection of heirs’ inheritance rights and shares. Through this lawsuit, unjust acts created by the decedent’s intent are corrected, a lawful distribution is ensured, and the fundamental principles of Turkish inheritance law—equality, fairness, and family integrity—are upheld.

HOW INHERITANCE CAN BE FRAUDULENTLY TRANSFERRED THROUGH GIFTS IN TURKEY?

Fraudulent transfer of inheritance through gifts in Turkey occurs when the decedent secretly and deceptively transfers assets that should legally pass to heirs to third parties. Such transactions are often presented as sales or other contracts, but the true intent of the decedent is to make a gift. According to Article 706 of the Turkish Civil Code, the formal requirements for transferring registered immovable property by gift must be strictly followed. If these formal requirements are not met, the gift agreement is considered invalid, and the property transfer may be subject to annulment in a lawsuit for fraudulent transfer of inheritance in Turkey.

In cases of fraudulent transfer through gifts in Turkey, heirs may file a lawsuit for title deed annulment and registration to invalidate the collusive transactions carried out by the decedent with third parties. The primary purpose of these lawsuits is to protect the heirs’ reserved and legal shares and compensate for damages caused by the decedent’s fraudulent actions. If it is proven during the proceedings that the decedent actually made a gift or another hidden transaction, the apparent sale or transfer is deemed collusive, and the transfer recorded in the land registry is declared invalid in Turkey. In this way, any transaction intended to deprive heirs of their inheritance rights unfairly is legally treated as never having occurred.

However, if the gift transaction in Turkey is carried out in compliance with the formal requirements set forth by law, a lawsuit for fraudulent conveyance by the decedent cannot be filed. The annulment of a validly executed gift is not governed by collusion rules, but may instead fall under other inheritance law remedies. In such cases, especially reserved-share heirs may file a reduction lawsuit if their rights are infringed, or a balancing lawsuit to ensure equality among inheritance shares. Thus, while gifts executed properly are legally valid, they may still be limited under reserved-share rules and the principle of equality among heirs.

In conclusion, fraudulent transfer of inheritance through gifts in Turkey is subject to annulment under deceased collusion laws only if the transaction is deceptive and collusive. In validly executed gifts in Turkey, heirs must pursue other inheritance law remedies, such as reduction and balancing lawsuits, to protect their rights. This approach balances the decedent’s freedom of disposition with the protection of heirs’ rights under Turkish inheritance law.

TRANSACTIONS CONSIDERED AS FRAUDULENT TRANSFER OF INHERITANCE ASSETS IN TURKEY

Transactions that may be evaluated under fraudulent transfer of inheritance assets in Turkey involve actions where the decedent conceals their true intent or executes a transaction in a different form with the purpose of depriving heirs of their inheritance rights. Such transactions can be challenged in court through a lawsuit for stolen inheritance in Turkey, and their invalidity can be legally established. These transactions include:

1. Showing a Registered Immovable Property as a Sale to One of the Heirs

The decedent may present a registered property that they actually intend to gift as a property sale transaction. Since this transaction does not reflect the parties’ true intent, the sale is deemed invalid under collusion rules. Furthermore, if the hidden gift agreement does not comply with the required formalities, its invalidity is reinforced. Such transactions can be directly brought before the court to protect heirs’ rights.

2. Sale of a Registered Immovable via an Intermediary Owner

The decedent may transfer a registered property to a person designated as an intermediary owner. The intermediary temporarily holds the property while the decedent retains control and intent. Later, the intermediary may sell the property at a lower price to an heir or third party. In this way, the decedent appears to conceal the property from the heirs, while maintaining effective control over it.

3. Apparent Transaction as a Lifetime Care Agreement

The decedent may enter into a lifetime care agreement on a registered property even though they have actually gifted it. Since this agreement does not reflect the true intent of the parties, it is legally invalid. Additionally, if the hidden gift agreement does not meet formal requirements, it is also considered invalid.

These collusive transactions can be challenged in court under a lawsuit for stolen inheritance in Turkey to protect heirs’ rights and prevent unfair registration or asset concealment. Courts examine whether these transactions reflect the decedent’s true intent and purpose and can declare them invalid when found to be inconsistent with the decedent’s real intentions.

CASES WHERE FICTITIOUS TRANSACTION OF THE TESTATOR IN TURKEY IS NOT ACCEPTED

Situations where fictitious transaction of the testator in Turkey is not recognized refer to transactions that do not carry the intent to deceive heirs or conceal assets and are executed in accordance with the true intent of the parties. These transactions do not fall under collusive transactions and are considered legally valid.

The main transactions not considered as fictitious transfers include:

1. Transfer of Registered Immovable Property for Consideration (Actual Price): The transfer of immovable property for its actual price, executed with clear and genuine intent between the parties, does not constitute a fictitious transaction, as there is no intent to deceive heirs or conceal assets in Turkey.
2. Existence of Intent to Distribute Assets: Distribution of assets among heirs, where there is mutual agreement and consensus, does not fall under fictitious transactions in Turkey.
3. Transfer of Unregistered Properties: The transfer of unregistered immovable property, provided it is conducted in accordance with legal regulations, is not considered fictitious in Turkey.
4. Transfer of Movable Property: Movable property transfers are not considered fictitious if executed in accordance with the parties’ true intent.
5. Transfers via Wills: Transfers made through a valid will reflect the decedent’s true intent and do not constitute fictitious transactions in Turkey.
6. Transfers via Gifts (Donation): Gifts executed with genuine intent and agreement between the parties are not regarded as fictitious in Turkey.
7. Transfer of Cooperative or Company Shares: Transfers of cooperative shares, Turkish company shares, or partnership interests in compliance with the parties’ true intent are not considered fictitious transactions in Turkey.
8. Cases Foreseen in the Cadastre Law: Transactions specified in the cadastre legislation, when executed according to legal requirements, do not constitute fictitious transactions.
9. Properly Executed Debt Instruments: Debt instruments prepared in accordance with the decedent’s true intent are not regarded as fictitious transactions in Turkey.
10. Registration of Immovable Sold to Third Parties: If the decedent sells a property to a third party in line with their true intent and registers it properly in the land registry, this does not constitute a fictitious transaction in Turkey.
11. Establishment of Usufruct Rights: The establishment of usufruct rights, when done in accordance with the parties’ true intent, is not considered fictitious in Turkey.
12. Long-Term Lease Agreements: Long-term lease agreements executed with mutual agreement and genuine intent are not classified as fictitious transactions in Turkey.

In conclusion, as long as the transactions are carried out in line with the decedent’s true intent and there is clear agreement between the parties, they do not fall under the scope of fictitious transaction of the testator in Turkey. Therefore, actions by the decedent that do not aim to conceal assets or deceive heirs are legally valid and protected.

INHERITANCE RIGHTS OF CHILDREN CARING FOR PARENTS IN TURKEY

Under the Turkish Civil Code, the inheritance rights of children who care for their parents are not regulated as a separate category from other heirs. The law primarily aims to ensure fair distribution among heirs through the principle of equalization. Specifically, Article 669/1 of the Turkish Civil Code stipulates that legal heirs must account for gains acquired during the lifetime of the decedent and offset them against the estate. Such gains may include, for example, relief from debt, establishment of a business, or acquisition of real estate. The law requires that any benefits obtained by heirs unjustly during the decedent’s lifetime be either returned to the estate or compensated.

However, case law from the Turkish Court of Cassation (Yargıtay) recognizes certain exceptions regarding the inheritance rights of children who cared for their parents. For instance, financial support provided to heirs for the care of the decedent during their lifetime, as long as it is given out of gratitude or to fulfill a moral obligation, is protected and does not need to be reimbursed. Such contributions are considered part of the heirs’ health, care, and support obligations and are legally safeguarded.

Importantly, according to Yargıtay practice, immovable property transferred to a child who has cared for their parents over many years and met their needs is not considered a collusive transaction in Turkey. In these cases, the decedent’s true intent is not to create inequality among heirs, but rather to reward the child for fulfilling their care obligations and to compensate them for their effort. Therefore, such transfers are considered valid legal acts, not fraudulent or collusive transactions in Turkey.

In conclusion, in Turkey, the inheritance rights of children who care for their parents are generally parallel to the standard inheritance rights of other heirs, with the exception for contributions made in the course of parental care. This approach ensures both fair estate distribution and protection of children who assume parental care responsibilities, effectively encouraging heirs to fulfill their family duties while safeguarding their rights.

CAN A TRANSFER OF TITLE DEED FOR A CARE -UNTIL-DEATH AGREEMENT BE REVERSED IN TURKEY?

A lifetime care agreement is a property transfer executed under specific conditions in Turkey. In this arrangement, typically, an elderly or dependent person (the care beneficiary) transfers ownership of their real estate (house, land, etc.) to another person (the care obligor) in Turkey. In return, the care obligor acquires ownership of the property and undertakes the obligation to provide care and support to the beneficiary for the remainder of their life. These agreements secure the social and economic needs of the care beneficiary while granting the care obligor legal ownership rights over the property.

A frequently asked question in practice is: “Can a lifetime care property transfer be annulled in Turkey?” The answer depends on whether the agreement is based on a genuine and valid care relationship. If the agreement was created solely as a paper transaction to divert assets from heirs, courts may consider it invalid. In such cases, the property title can be cancelled, and the property can be returned to the estate, effectively annulling the care-for-property transfer in Turkey.

Conversely, if the lifetime care agreement reflects a genuine and valid care arrangement, the care obligor fulfills their obligations, and the care beneficiary’s needs are properly met, the agreement remains legally valid in Turkey. In this scenario, no intervention, such as title cancellation, is warranted.

In conclusion, the validity of a lifetime care property transfer in Turkey depends on the authenticity and sincerity of the parties’ intentions, the genuine need of the care beneficiary, and the actual provision of care. When these conditions are not met, courts may annul the agreement under fraudulent transfer of inheritance assets in Turkey principles. Engaging an inheritance lawyer in Turkey in such cases can help prevent potential loss of rights.

DIFFERENCES BETWEEN FRAUDULENT CONVEYANCE BY THE DECEDENT IN TURKEY AND REDUCTION ACTIONS

Lawsuits for Fraudulent Conveyance by the Decedent in Turkey, which involve annulment and registration of property, and reduction (tenkis) actions are distinct legal procedures under Turkish inheritance law. Although both types of cases may sometimes be filed together, a final decision in one can influence the other. When the decedent transfers immovable property recorded in the land registry through a sale or lifetime care agreement, the universal heirs generally request annulment based on fraudulent conveyance, and if that is not possible, they may resort to a reduction action in Turkey.

• Intention: In fraudulent conveyance cases in Turkey, the decedent conceals the true purpose while transferring assets to third parties, creating a difference between the apparent transaction and the actual intended one. The decedent hides their true intent, and the lawsuit seeks to annul the fraudulent transaction. In contrast, reduction actions in Turkey under Articles 560 et seq. of the Turkish Civil Code concern transfers made at a real but undervalued consideration, exceeding the portion that can be freely disposed of, without misrepresenting the decedent’s intent. Here, the decedent’s transfer intention is genuine and reflects the parties’ actual will. Reduction actions are initiated by universal heirs with reserved portions when their legal share is violated.
• Claims: In cases of fraudulent conveyance in Turkey, the decedent may transfer immovable property that they actually intend to gift through a sale or lifetime care agreement. The apparent nature of the transaction is completely altered by the fraudulent agreement. Such transactions may involve no consideration or only a nominal consideration to conceal the true purpose. The goal of a fraudulent conveyance by the decedent in Turkey lawsuit is to annul the transaction and reveal the decedent’s real intention. In reduction actions, transfers are made for actual consideration below market value to exceed the portion allowed for free disposal. The lawsuit does not seek annulment of the entire transfer but aims to secure the heir’s reserved portion, either in kind or by equivalent value.
• Validity: Transactions subject to fraudulent conveyance lawsuits in Turkey are void from the outset. The purpose is annulment and revealing the decedent’s real intent. In contrast, contracts that form the basis of reduction actions are valid. Reduction actions in Turkey address transfers legally executed but exceeding the reserved portion, as stated in Articles 519 and 565 of the Turkish Civil Code. Only the part violating the reserved share is annulled to protect the heir’s rights.
• Filing Period: There is no limitation period for lawsuits based on fraudulent conveyance in Turkey. Reduction actions are subject to specific periods under Article 571 of the Turkish Civil Code. They must be filed within 1 year from the time the violation of the reserved portion is discovered, and in any case, within 10 years from the opening of the inheritance for other dispositions.
• Who Can File: Reduction actions in Turkey can only be filed by universal heirs with reserved portions. Under certain conditions, creditors on behalf of heirs with reserved portions may also file. However, since reduction actions are personal to the heir, the estate’s representative cannot file them. Only the portion exceeding the reserved share is reduced. In comparison, fraudulent conveyance by the decedent in Turkey lawsuits provide broader benefits because the entire registration in the land registry can be annulled if fraudulent intent is found. Such lawsuits are filed to annul fraudulent transactions and ensure the transfer of assets to the rightful heirs, regardless of whether they hold a reserved portion.

CAN FRAUDULENT CONVEYANCE BY THE DECEDENT AND REDUCTION LAWSUITS BE FILED TOGETHER IN TURKEY?

Fraudulent conveyance by the decedent in Turkey and reduction lawsuits have separate legal bases under inheritance law, but in practice, they can be pursued together. In this context, lawsuits for annulment and registration based on fraudulent conveyance can be gradually asserted within the same petition as reduction lawsuits. Alternatively, each lawsuit can be filed with a separate petition in Turkey.

According to the decision of the Turkish Supreme Court, Joint Panel, dated 22.05.1987 and numbered 4/5, heirs who suffer damage due to a transfer made by the decedent may file a fraudulent conveyance annulment and registration lawsuit together with a reduction action or after filing a reduction action with a separate petition. In this respect, there is no legal obstacle. The plaintiffs may decide at their discretion which lawsuit takes priority.

THE RIGHT OF FOREIGNERS TO RECOVER STOLEN INHERITANCE IN TURKEY

In Turkish law, heirs have the right to protect their inheritance against fraudulent acts by the decedent. Foreign nationals can also file a lawsuit to recover stolen inheritance in Turkey, provided certain conditions and international rules are met.

• Connection of the Heir to Turkey

Foreign heirs, whether residing in Turkey or abroad, may file a lawsuit for fictitious transaction of the testator in Turkey if the foreigner owned immovable property in Turkey or if the inheritance involves assets of individuals located in Turkey. This is governed by the Turkish Civil Code, the Code of Civil Procedure (Law No. 6100), and the International Private and Procedural Law (MÖHUK). Under MÖHUK, foreign heirs’ rights to pursue legal claims in Turkey, including recovering stolen inheritance in Turkey, are recognized, and local court jurisdiction is clearly defined.

• Competent and Authorized Court

Foreign heirs must file their lawsuit at the Civil Court of First Instance in the district where the immovable property is located. Jurisdiction cannot be transferred, as the court is determined based on the property’s location. Filing a claim is necessary to recover any stolen inheritance in Turkey and ensure the rightful heirs receive their legal share.

• Evidence and Proof

Foreign heirs can prove their claims using witnesses, documents, expert reports, and other legal evidence. The proceedings follow Turkish procedural rules. For evidence originating abroad, apostille or consular certification may be required. Claims regarding hidden inheritance assets in Turkey can also be raised in the same lawsuit.

• Representation and Participation of Other Heirs

Foreign heirs can file the lawsuit to recover their portion of stolen inheritance in Turkey individually, based on their legal share. However, if other heirs exist, the lawsuit may require their consent or a representative for the estate to act on behalf of all heirs.

• Bilateral Agreements and Reciprocity

The ability of foreigners to file a lawsuit to recover stolen inheritance in Turkey may depend on reciprocity agreements between Turkey and the heir’s home country. If such agreements exist, foreign heirs are allowed to pursue their claims under the same conditions Turkish citizens would have in the foreign heir’s home country.

In summary, foreign nationals can file a lawsuit to recover stolen inheritance in Turkey, provided that they meet the following conditions:

• They have legal claims over immovable property or inheritance assets in Turkey.
• They comply with the jurisdiction and authority of Turkish courts.
• They fulfill all obligations related to evidence and proof.
• They act in accordance with the provisions of the International Private and Procedural Law (MÖHUK).
• There are bilateral agreements based on reciprocity between Turkey and their home country.

When these conditions are met, foreign heirs can pursue legal action to recover stolen inheritance in Turkey, ensuring that their inheritance rights are protected and justice is upheld.