Inheritance law is the branch of law that regulates to whom and in what proportions the assets (inheritance) left behind by a person upon his/her death shall pass. The division of inheritance is made according to the will (will or inheritance contract) of the deceased person (heir) or according to the provisions of the law. The Turkish Civil Code (TCC) categorises the heirs into certain classes and specifies in detail who the legal heirs are and their inheritance shares. This process can often be emotionally as well as legally complex and can lead to disputes between heirs.
Legal Framework: Basic Principles of Inheritance Law
Inheritance law is regulated in the third book of the TCC (Articles 495-682). The main purpose of inheritance law is to regulate the transfer of assets after the death of the heir and to protect the rights of the heirs. In Turkish law, inheritance is based on a principle called “categorisation system”. This system divides the heirs into certain grades and determines their inheritance shares. If there is an heir in the first group, those in the second group cannot be heirs, and if there is an heir in the second group, those in the third group cannot be heirs.
Turkish Civil Code – Article 495: Altsoy
The first degree heirs of the heir are his/her descendants. Children are heirs equally. Children who died before the legator are replaced by their descendants through succession at every degree.
Legal Heirs and Class System
According to the Turkish Civil Code, legal heirs and their inheritance shares are as follows:
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First Degree Heirs (Descendants): The first degree heirs of the heir are his/her descendants. In other words, they are his children and grandchildren. Children are heirs equally. Children who died before the heir are replaced by their descendants (grandchildren) through succession in each degree. For example, if the heir has two children and one of the children died before the heir, the children (grandchildren) of the deceased child share equally the share of their father/mother.
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Second Class Heirs (Mother, Father and Their Descendants): In case there are no heirs in the first group, the heirs are the mother and father of the heir equally. If the mother or father died before the heir, their descendants (siblings and nephews of the heir) take their place. In other words, if the heir has no children, the inheritance passes to his/her parents, and if they do not have children, the inheritance passes to his/her siblings.
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Third Class of Heirs (Grandparents and their Descendants): If there are no heirs in the second group, the grandparents of the heir shall inherit equally. Grandparents who died before the inheritor are replaced by their descendants (uncles, aunts, uncles, aunts and cousins).
Inheritance Share of the Surviving Spouse
The surviving spouse inherits together with the above-mentioned classes and the share of inheritance varies according to which class he/she inherits with:
- If he/she inherits together with the first class: She inherits one fourth (1/4) of the inheritance. The remaining three quarters (3/4) passes to the descendants.
- If he inherits together with the second generation: He gets half of the inheritance (1/2). The remaining half passes to the mother and father or their descendants.
- If he/she inherits together with the third group: He gets three fourths (3/4) of the inheritance. The remaining one fourth (1/4) passes to the grandparents or their descendants.
- If None of the Clans are Inheritors: The surviving spouse receives the entire inheritance.
Inheritance Sharing Process
The process of inheritance sharing usually includes the following steps:
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Obtaining a Certificate of Inheritance (Inheritance Decree): The official document showing who the heirs are and their inheritance share ratios is called a certificate of inheritance or a certificate of inheritance. This document can be obtained from the Civil Court of Peace in the last settlement of the heir or from any notary office. The certificate of inheritance is a mandatory document for the heirs to exercise their rights over the estate.
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Determination of the Probate: All assets (movable and immovable properties, bank accounts, receivables, etc.) and debts of the heir at the time of death are determined. This procedure can be performed by the Civil Court of Peace upon the request of the heirs. The determination of the heirship is important for the correct sharing of the inheritance.
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Rejection of Inheritance (Reddi Inheritance): The heirs who think that the debts of the heir are more than the assets can reject the inheritance by applying to the Civil Court of Peace within 3 months from the date they learnt that the inheritance was passed to them. Rejection of the inheritance allows the heir to get rid of being responsible for the debts of the heir, but at the same time, it means that the heir cannot claim rights from the assets of the heir.
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Sharing of the Inheritance: After the certificate of inheritance is obtained and the estate is determined, the heirs can agree on how the inheritance will be shared. If an agreement is reached between the heirs, an “inheritance sharing agreement” is prepared and signed by all heirs. If an agreement cannot be reached, any one of the heirs may file an “izale-i şüyu (dissolution of partnership) lawsuit” and request the division of the inheritance through the court.
Testament and Hidden Share
The heir may leave a part of his/her estate to whomever he/she wishes by will or inheritance agreement, provided that the shares of the legal heirs are not touched (reserved shares). The legislator has protected a certain part of the inheritance shares of some close heirs of the heir (heirs, mother, father and surviving spouse) as “reserved shares”. The testator cannot violate these shares of the heirs with reserved shares by the will. If the reserved share is violated, the heirs with reserved shares may request the completion of their reserved shares by filing a “compensation lawsuit”.
Inheritance law is a field that includes highly technical and detailed regulations. The legal heirs are determined by the law with a categorisation system, and the status of the surviving spouse is shaped according to this system. The process of inheritance sharing starts with the receipt of the certificate of inheritance and ends with the agreement of the heirs or a court decision. There is the possibility of refusal of inheritance for heirs who do not want to be responsible for the debts of the heir. In order to prevent disputes or loss of rights that may arise in the process of inheritance sharing, it is of great importance to get professional support from an inheritance law lawyer.