İstanbul Hukuk Danışmanlık

Inheritance Law

Reserved shares and abatement, collusive transfers by the deceased, renunciation, disputes over wills, and dissolution of the estate community.

Contents

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.

If you have a matter concerning Inheritance Law, you can write to us.

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