Inheritance Law
We help families establish lasting order through will drafting, renunciation of inheritance, abatement actions, partition cases and estate planning.
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8 topics
- Renouncing an Inheritance in Türkiye: Conditions, Deadline and Consequences
- Abatement ActionIn Preparation
An abatement action is a case that reduces, to the extent of the infringement, gifts made by the deceased that violate the reserved shares of protected heirs. It may be filed only after the death of the deceased.
- Reserved Share ViolationsIn Preparation
Reserved-share violations occur where the minimum inheritance share guaranteed by law to certain heirs is exceeded by the deceased's own dispositions. Where a violation is established, the heir concerned may seek their right through an abatement action.
- Partition of the EstateIn Preparation
Partition of the estate is an action by which heirs seek to end co-ownership of the estate's assets by dividing them in kind or through sale. It is a commonly used remedy where division cannot be achieved by agreement.
- Drafting a WillIn Preparation
Drafting a will is the process of making a testamentary disposition, taking effect after death, in compliance with the official, holographic or oral formal requirements set by law. Failure to comply with the formal requirements may result in the will's annulment.
- Certificate of InheritanceIn Preparation
A certificate of inheritance is an official document, obtainable from a notary or the court, evidencing a person's status as heir and their share of the estate. It is generally required for the transfer of inherited assets, such as bank accounts and land registry records.
- Sham Transaction by Deceased ActionsIn Preparation
Sham-transaction actions seek the annulment of transactions that the deceased structured as a sale, but which were in reality a gift intended to deprive an heir of their inheritance right. Proving the parties' true intent plays a decisive role in these actions.
- Estate Partition AgreementIn Preparation
An estate partition agreement is a written contract by which the heirs agree among themselves on how the assets of the estate are to be divided. Where no agreement can be reached, division is carried out by the court through a partition action.
Frequently Asked in This Area
What is the deadline for renouncing an inheritance?
Heirs may renounce the inheritance by applying to the civil court of peace within three months of learning that they are an heir. If this deadline is missed, the inheritance — including its debts — is deemed accepted.
Learn moreWhat is a reserved share, and when can an abatement action be filed?
The reserved share is the minimum portion of the estate that the law guarantees to certain heirs (descendants, spouse, parents) and that the deceased cannot eliminate even through dispositions. If a gift or bequest infringes this share, the heir may file an abatement action to have their share restored.
Learn moreHow is an estate divided without a will?
In the absence of a will, the estate is distributed to the spouse and blood relatives according to the statutory order of intestate succession (the parentelic system). If the heirs cannot agree, the division is carried out by court order through a partition (izale-i şüyu) action.
Learn moreWho inherits from a person who dies without a will?
In the absence of a will, the estate passes to the statutory heirs under the parentela system: first the descendants, then the parental line, and then the grandparental line, in that order.
Learn moreCan property be left to a person who is not an heir?
Yes, the deceased may, by will, leave property to a person who is not an heir, provided the rights of reserved-share heirs are respected.
Learn moreThe information on this page is provided for general informational purposes only and does not constitute legal advice. Always consult a lawyer about your specific situation.