⚖️ Inheritance Law

“Fair Distribution of the Estate and Legal Assurance – Attorney Kenan Uysal Law Office”

Inheritance law is a fundamental legal field that governs who receives the assets of a deceased person, in what shares, and through which legal procedures. It covers not only the identification of heirs but also the validity of wills, protection of reserved portions, and critical processes such as the renunciation of inheritance.

Kenan Uysal Law Office offers solution-oriented services in the field of inheritance law, based on legal foundations, technically sound, and suitable for digital applications. For all types of inheritance proceedings, we support you with fast communication, mobile-optimized content, and user-friendly navigation.

⚖️ Inheritance

Inheritance refers to the transfer of assets, rights, and liabilities of a deceased person to the legal heirs. The process of succession includes not only the distribution of property but also the assumption of legal obligations, the protection of reserved portions, and specific regulations such as wills.

The Turkish Civil Code provides detailed provisions on who inherits, to what extent, and through which legal procedures. Technical accuracy, deadline monitoring, and digital application processes are of critical importance in inheritance proceedings.

🔵 Inheritance refers to the transfer of assets, rights, and liabilities of a deceased person to the legal heirs.
🟢 It includes not only real estate but also bank accounts, receivables, debts, contracts, and digital assets.
🟣 Succession begins at the time of death and proceeds through proportional distribution among legal heirs in accordance with the Turkish Civil Code.

🧑‍⚖️ Decedent (Muris)

🔵 The decedent is the person who owns the estate and whose assets are transferred to the heirs upon death.
🟢 The decedent can influence the distribution of the estate through lifetime actions such as donations, sales, or wills.
🟣 The decedent’s intent must not violate the rights of reserved heirs; otherwise, reduction or annulment lawsuits may be filed.

📘 Legal Basis: Article 495 of the Turkish Civil Code and related provisions.

👨‍👩‍👧‍👦 Heirs

🔵 Heirs are the individuals who receive the estate of the decedent and thus become the legal successors to the inheritance.
🟢 There are two types of heirs:

  1. Statutory heirs – Those who inherit by law, such as children, spouses, parents, and other relatives according to the Turkish Civil Code.
  2. Testamentary heirs – Those who are designated by the decedent in a valid will or testament.

👨‍⚖️ Statutory Heirs

Statutory heirs are individuals who automatically acquire inheritance rights upon the death of the decedent, in accordance with the Turkish Civil Code. The legal succession follows a hierarchical system defined by law, and the estate is distributed according to this statutory order.

👨‍⚖️ Statutory Heirs

🔵 Statutory heirs include descendants (children, grandchildren), ascendants (parents, grandparents), the spouse, and siblings.
🟢 They acquire inheritance rights automatically, provided the decedent has not made a will or entered into an inheritance contract.
🟣 The statutory succession follows a hierarchical order: if descendants exist, ascendants do not inherit; the spouse is always entitled to a share, but the portion varies depending on the co-heir structure.

📊 Statutory Orders of Heirs

  • First Order: Descendants (children, grandchildren)
  • Second Order: Parents and their descendants (siblings)
  • Third Order: Grandparents and their descendants (uncles, aunts, cousins, etc.)
    📘 Legal Basis: Articles 495–501 of the Turkish Civil Code

📜 Appointed Heirs

Appointed heirs are individuals designated by the decedent according to their own will, to whom all or part of the estate is assigned. They are named through a will or inheritance contract and are not subject to the statutory order of succession.

📜 Appointed Heirs

🔵 Appointed heirs can be designated through a will; they do not need to be related to the decedent.
🟢 They may be appointed for the entire estate or for specific assets (e.g., a property, company shares).
🟣 Appointed heirs must not infringe upon the rights of statutory heirs entitled to a reserved portion; otherwise, a reduction claim may be filed.

📌 Methods of Appointing Heirs

  • Will: A unilateral declaration of intent by the decedent, which becomes effective only after their death.
  • Inheritance Contract: A bilateral agreement between the decedent and the appointed heir.
    📘 Legal Basis: Turkish Civil Code Articles 514–527

🟣 Core Principles Among Heirs

Equal treatment, protection of reserved portions, and fair distribution of the estate.
📘 Legal Basis: Turkish Civil Code Articles 495–501

🧮 Inheritance Shares

🔵 Inheritance shares are the legal standards by which the estate is divided among the heirs.
🟢 Shares are determined according to the statutory order. If the decedent leaves behind children, no share is allocated to higher-order heirs such as parents.
🟣 Shares vary depending on the presence of a spouse. Below are the basic scenarios:

📊 Statutory Inheritance Shares

  • If the decedent leaves behind children and a spouse:
    • Spouse: ¼
    • Children: ¾ (equally divided)
  • If the decedent leaves behind parents and a spouse:
    • Spouse: ½
    • Mother: ¼
    • Father: ¼
  • If the decedent leaves behind grandparents and a spouse:
    • Spouse: ¾
    • Grandparents: ¼ (equally divided)
  • If only the spouse survives and there are no other heirs:
    • Spouse: receives the entire estate
  • If one of the children is deceased:
    • Their share passes to their own children (grandchildren)

📘 Legal Basis: Turkish Civil Code Articles 499–506

🛡️ Reserved Portion (Pflichtteil)
🔵 The reserved portion is the legally protected share of inheritance that the decedent cannot revoke through a will or donation.
🟢 It is a constitutionally safeguarded provision in inheritance law that protects the interests of certain heirs.
🟣 The reserved portion quotas are regulated as follows:

📊 Reserved Portion Quotas

  • Descendants (children, grandchildren): 50% of the statutory inheritance share
  • Parents: 25% of the statutory inheritance share
  • Spouse: 100% of the statutory inheritance share

🔴 If the rights to the reserved portion are violated, eligible heirs may file a reduction lawsuit (tenkis) to ensure fair distribution of the estate.
🟠 In calculating reductions, lifetime gifts are considered first, followed by testamentary dispositions.
🟡 Protecting the reserved portion is a core principle for ensuring equitable inheritance and legal stability among heirs.

📘 Legal Basis: Turkish Civil Code Articles 506–512

⚖️ Inheritance Procedures

📜 Application for Certificate of Inheritance (Veraset İlamı Talebi)

  • Purpose: Official determination of heir status and inheritance shares
  • Competent Court: Peace Court (Sulh Hukuk Mahkemesi)
  • Legal Basis: Turkish Civil Code (TMK) Article 598
  • Details: After the death of the decedent, the heirs submit an application for the issuance of a certificate of inheritance. This document is mandatory for the distribution of the estate and for further legal actions. Digital application and integration with the e-Government system (e-Devlet) are available.

🧾 Determination of the Estate (Terekenin Tespiti Davası)

  • Purpose: To identify the full scope of the decedent’s assets and liabilities — including both active and passive components.
  • Competent Court: Peace Court (Sulh Hukuk Mahkemesi)
  • Legal Basis: Turkish Civil Code (TMK) Article 589
  • Details: This lawsuit is typically filed in cases of over-indebted estates, within the legal period for renouncing inheritance. It may involve bank records, land registry inquiries, and digital assets.

🔐 Protection and Administration of the Estate (Terekenin Korunması ve Yönetimi)

  • Purpose: To safeguard the estate from loss or damage.
  • Measures: Sealing of assets, appointment of an estate custodian, preparation of an inventory of the estate.
  • Legal Basis: Turkish Civil Code (TMK) Articles 590–591
  • Details: In cases of disputes among heirs or when the estate is at risk, the court may order protective measures.

❌ Renunciation of Inheritance (Mirasın Reddi)

  • Purpose: The heir refuses the inheritance to avoid liability for the decedent’s debts.
  • Deadline: Within 3 months from the date of death.
  • Legal Basis: Turkish Civil Code (TMK) Articles 605–609
  • Details: Renunciation is made through a written declaration submitted to the Peace Court (Sulh Hukuk Mahkemesi). Digital support for application submission and deadline tracking is critically important.

🔗 To access the “Renunciation of Inheritance” page of Kenan Uysal Law Office, please use the following link:
AVUKAT KENAN UYSAL HUKUK OFİSİ MİRASIN REDDİ SAYFASINA BU LİNKTEN ULAŞABİLİRSİNİZ

🏠 Dissolution of Co-Ownership (Ortaklığın Giderilmesi / İzale-i Şüyu)

  • Purpose: Distribution of inherited real estate among co-heirs
  • Competent Court: Civil Court of First Instance (Asliye Hukuk Mahkemesi)
  • Legal Basis: Code of Civil Procedure (HMK) Article 698 and Turkish Civil Code (TMK) Article 640
  • Details: The fractional co-ownership is dissolved either through sale or physical division. Coordination with the land registry office and expert appraisal may be required.

🛡️ Violation of Reserved Portion – Reduction Lawsuit (Tenkis Davası)

  • Purpose: Annulment of dispositions that infringe upon the rights of a statutory heir entitled to a reserved portion
  • Legal Basis: Turkish Civil Code (TMK) Articles 506–512
  • Details: If the reserved portion is violated through a will or donation, the heir may file a reduction lawsuit. Deadlines and the nature of the disposition must be carefully reviewed.

🧾 Challenge or Enforcement of a Will (Vasiyetnamenin İptali veya Tenfizi)

  • Purpose: To determine the invalidity or enforce the provisions of a will
  • Legal Basis: Turkish Civil Code (TMK) Articles 595–604
  • Details: The process involves verifying compliance with formal requirements, assessing the testator’s mental capacity, and identifying any defects of intent. Notarized documents and witness testimony play a central role.

⚖️ Equalization Lawsuit (Denklik / İstihkak Davası)

  • Purpose: To examine whether lifetime gifts by the decedent have affected the statutory inheritance shares
  • Legal Basis: Turkish Civil Code (TMK) Articles 669–675
  • Details: Especially in cases of unequal gifts among children, a lawsuit may be filed to restore balance. This requires precise financial calculations and analysis of relevant documentation.

⚠️ Challenge Due to Decedent Abuse (Muris Muvazaası Davası)

  • Purpose: To annul concealed donations made by the decedent with the intent to exclude statutory heirs from the estate
  • Legal Basis: General principles of the Turkish Civil Code (TMK) and established case law of the Court of Cassation (Yargıtay)
  • Details: If a transaction appears as a sale in the land registry but is in fact a gratuitous transfer, a sham transaction lawsuit may be filed to request deletion and correction in the land registry. Expert reports and witness statements are often required.

🔄 Transfer or Annulment of Inheritance Share (Miras Payının Devri veya İptali)

  • Purpose: To determine the invalidity or cancellation of contracts concerning the transfer of inheritance shares
  • Legal Basis: Turkish Civil Code (TMK) Article 677
  • Details: The transfer of an inheritance share must be notarized. If defects of intent such as deception, mistake, or coercion are present, the contract may be contested.

🏷️ Land Registry Correction – Cancellation and Re-registration (Tapu İptali ve Tescil)

  • Purpose: To annul unlawful or sham transfers and re-register the property in the name of the rightful heir
  • Competent Court: Civil Court of First Instance (Asliye Hukuk Mahkemesi)
  • Legal Basis: Turkish Civil Code (TMK) Article 1026 and relevant land registry regulations
  • Details: This lawsuit aims to correct erroneous land registry entries. Expert reports and technical analysis of registry documents are typically required.

📤 Inheritance Distribution Lawsuit (Mirasın Paylaşımı Davası)

  • Purpose: Fair distribution of the estate among heirs
  • Legal Basis: Turkish Civil Code (TMK) Article 640 et seq.
  • Details: If no agreement is reached among heirs, the court assumes responsibility for distribution. Both assets and liabilities are considered. Digital application and process tracking are recommended.

🔗 To access the “Inheritance Distribution” page of Kenan Uysal Law Office, please use the following link:
AVUKAT KENAN UYSAL HUKUK OFİSİ MİRAS PAYLAŞIMI SAYFASINA BU LİNK ÜZERİNDEN ULAŞABİLİRSİNİZ

📌 Note: The communication languages are English and Turkish. This text has been translated into German by artificial intelligence for informational purposes. No liability is accepted for any translation errors. The original Turkish text is authoritative.

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