Inheritance Law
Reserved shares and abatement, collusive transfers by the deceased, renunciation, disputes over wills, and dissolution of the estate community.
Contents
Inheritance law governs to whom, and how, a person's estate passes on death; the principal text is the Turkish Civil Code No. 4721. What defines the field is thattime often runs not from the date of death but from the date of knowledge, and that some of these periods extinguish the right itself. The period for renouncing an inheritance is limited to three months; once it passes, liability for the debts of the estate may extend to the heir's own property.
Heirship and the estate
Obtaining a certificate of inheritance, determination of the estate and preparation of its inventory, applications for measures to preserve estate assets, and the actions to be brought where the status of an heir is disputed.
Reserved shares and abatement
The reserved share secured by the Code for descendants, parents and the surviving spouse, and the action for abatement brought to reduce dispositions of the deceased that exceed that share. The action is subject to a period running from the date on which the infringement of the reserved share became known, and the calculation covers lifetime dispositions as well as the estate.
Collusive transfers by the deceased
Characterisation as a simulated transaction of transfers made by the deceased in order to keep assets from the heirs; the action for cancellation of the land registry record and for registration, brought against dispositions shown as a sale but in reality a gift. This action is open to heirs who hold no reserved share, and it is not subject to a time limit.
Renunciation of inheritance
Renunciation by statutory and appointed heirs, when the period begins, and the declaration of renunciation made to the civil court of peace; determination that the estate is insolvent, and renunciation by judgment.
Dispositions upon death
The formal requirements of holograph, official and oral wills, the opening and execution of a will, and the actions brought for its annulment; contracts of inheritance and contracts renouncing inheritance.
Dissolution of the estate community
Partition agreements between heirs, the action for dissolution of joint ownership where no agreement is reached, the choice between partition in kind and partition by sale, and disputes over the ownership of structures on the land.
Estates with a foreign element
Estate assets located abroad, recognition and enforcement of foreign judgments, and the steps required for a certificate of inheritance to be used in another country.
Frequently asked questions
How long is there to renounce an inheritance?
The period for renunciation is three months. For statutory heirs it runs from the date on which they learned that they were heirs; for appointed heirs, from the date on which the disposition was notified to them. If the period passes, the inheritance is treated as accepted unconditionally.
When must an action for abatement be brought?
The action is brought within one year of the date on which the infringement of the reserved share became known. For wills that period is calculated from the date the will was opened, and for other dispositions from the opening of the succession, subject in every case to a longer outer limit.
The deceased sold the property. Is there anything that can be done?
Where the transfer appears to be a sale but was in reality intended to keep assets from the heirs, an action for cancellation of the land registry record and for registration may be brought on the ground of a collusive transfer. That action is not subject to a time limit, but the collusion must be proved through witnesses and records.
Where is a certificate of inheritance obtained?
A certificate of inheritance may be obtained from a notary or from the civil court of peace. In certain cases, such as where one of the heirs is a foreign national, the notary cannot issue the certificate and an application to the court is required.
How is immovable property divided if the heirs cannot agree?
An action for dissolution of joint ownership is brought. Where the property can be divided in kind without loss of value, the court orders partition in kind; otherwise it orders partition by sale. The sale is carried out by public auction through the enforcement office.
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