{ "baslik": "Frequently Asked Questions and Answers in Inheritance Law", "kisa_aciklama": "Inheritance law is a complex field that regulates the transfer of a deceased person's assets to their heirs. In this article, we answer the most frequently asked questions about inheritance law.", "seo_baslik": "Inheritance Law Q&A: Heirs, Wills, Renunciation of Inheritance", "seo_aciklama": "Do you have basic questions about inheritance law? Who is an heir, how is a will prepared, what is renunciation of inheritance? Find answers to these and more.", "icerik": "
Inheritance law is an important branch of law that regulates how a person's assets (inheritance) will be transferred to their legal heirs or to individuals designated by will after their death. This process often brings not only emotional difficulties but also legal complexities. Therefore, many questions arise regarding inheritance law.
As Hukuk Ofisiyim, we provide consultancy services to our clients in the field of inheritance law in Bitlis, and especially in Ahlat. Our aim is to make this complex process transparent and understandable for you. Below, you can find the most frequently asked questions and their answers regarding inheritance law.
Who is an Heir and Who Cannot Be an Heir?
An heir is a person who has rights over the deceased's assets at the time of their death. According to the Turkish Civil Code, heirs are divided into two main groups: legal heirs and appointed heirs. Legal heirs are determined by law, while appointed heirs are individuals designated by the deceased's will or inheritance contract.
Persons who cannot be heirs are generally those who intentionally kill or attempt to kill the deceased, or who prevent or compel the deceased from making a will. These situations are regulated as \"disinheritance\" in the law.
Who are the Legal Heirs?
The Turkish Civil Code determines legal heirs according to a per stirpes system (system of degrees of kinship):
- First Degree: The deceased's descendants, meaning their children, grandchildren, and their children. If the deceased's children are alive, their grandchildren cannot be heirs.
- Second Degree: The deceased's parents. If the deceased has no descendants, the inheritance passes to their parents. If they are also not alive, their descendants (the deceased's siblings, nieces, nephews) become heirs.
- Third Degree: The deceased's grandparents. If there are no heirs in the preceding degrees, the inheritance passes to this degree. If they are also not alive, their descendants (the deceased's uncles, aunts, and their children) become heirs.
- Surviving Spouse: The surviving spouse holds a special position within the degree system. If they inherit with first-degree heirs, they receive one-fourth of the inheritance; with second-degree heirs, half of the inheritance; and with third-degree heirs, three-fourths of the inheritance. If there are no heirs in any degree, the entire inheritance passes to the surviving spouse.
- State: If none of the above heirs can be found or if the heirs renounce the inheritance, the inheritance passes to the State.
How are Inheritance Shares Determined?
Inheritance shares are explicitly stated in the law, taking into account the degrees of kinship of the legal heirs and the status of the surviving spouse. For example, if the deceased has children, the inheritance is divided equally among them. The share of the surviving spouse varies depending on which degree of heirs they inherit with. These shares may differ according to the specific circumstances of the case and the number of heirs.
What is a Will and How is it Prepared?
A will is a unilateral testamentary disposition that specifies to whom a person's assets or specific properties will pass after their death. Through a will, inheritance can be left to individuals other than legal heirs, or dispositions can be made over the shares of legal heirs (while preserving reserved portions).
For a will to be valid, it must comply with the formal requirements stipulated by law. According to the Turkish Civil Code, a will can be prepared in three forms:
- Official Will: Prepared by an official (a civil court judge, notary public, or other officials authorized by law) in the presence of two witnesses.
- Holographic Will: A will entirely written in the deceased's own handwriting from beginning to end, bearing a date and signature. Being entirely handwritten and dated is of vital importance.
- Oral Will: A will made orally in the presence of two witnesses in extraordinary circumstances (such as war, earthquake, illness) where it is impossible to make a written will. For this type of will to be valid, it must be presented to the court within a certain period for determination.
What is Renunciation of Inheritance (Reddi Miras)?
Renunciation of inheritance is the act of heirs declining to accept the inheritance transferred to them upon the deceased's death, thereby waiving their status as heirs. Heirs may resort to this method when the deceased's debts exceed their assets. The declaration of renunciation of inheritance must be made to the civil court of peace within the period stipulated by law from the date of the deceased's death. The renunciation of inheritance must be unconditional.
What is an Inheritance Contract?
An inheritance contract is an agreement made between the deceased and one or more heirs or third parties, in which the deceased undertakes to transfer a part or all of their assets to specific individuals or to dispose of them in a certain manner. Unlike a will, an inheritance contract is a bilateral legal transaction that contains the mutual declarations of will of the parties and must be made in an official form before a notary public. Revocation of an inheritance contract is only possible by agreement of the parties or in special circumstances specified by law.
What are Reserved Portion (Legal Share) and Abatement Action?
A reserved portion (legal share) is a minimum share of the deceased's assets that certain legal heirs (descendants, parents, and the surviving spouse) are legally protected from, and which the deceased cannot dispose of. The deceased cannot violate these shares of heirs with reserved portions through a will or testamentary dispositions.
If the deceased has violated the reserved portions through testamentary