Wills and Inheritance Law
Inheritance law is the branch of law that deals with how a person’s assets are divided and how rights to those assets are transferred after his or her death. Upon the death of a person, the distribution and management of the estate is shaped by both the will of the deceased and the rules set by law. Inheritance law is comprehensively regulated in the Turkish Civil Code and includes detailed provisions on how to divide the assets of the person who left an inheritance, the rights of the heirs, the rejection of the inheritance, and the sharing of the inheritance. Inheritance law has important regulations not only on the division of property, but also on the legal relations and the rights of heirs in this process.
The division and management of inheritance aims not only at the interests of the heirs, but also at the protection of the material and moral rights that will arise after death. For this reason, inheritance law is balanced by various laws and regulations. In the process of sharing the inheritance, many factors such as whether the deceased person left a will, who the heirs are, and the disputes of the parties in the division of the inheritance can be effective. Therefore, inheritance law is not only limited to the process after death; it also covers the arrangements made by the person who left an inheritance during his/her lifetime.
Inheritance law plays an important role in the fair distribution of the assets that people leave behind after death and in protecting the rights of heirs.
Heirs and Inheritance Rights
Heirs are the persons who are entitled to inherit the assets after the death of the person who left an inheritance. According to the Turkish Civil Code, heirs are divided into two groups: legal heirs and heirs by appointment. Legal heirs are the persons designated by law and can be the spouse, children, parents, siblings and other close relatives of the deceased. Legal heirs receive inheritance shares in the proportions specified by law, regardless of the testament of the testator. However, the testator has the right to change the order of inheritance by will.
Legal heirs start with children and spouse, who are considered first-degree heirs. If the children or spouse of the person who left the inheritance are not alive, the inheritance passes to the second degree heirs, i.e. parents and siblings. Third-degree heirs are more distant relatives who step in to divide the inheritance if the previous degree heirs are absent. This order of inheritance ensures that more distant relatives are included in the inheritance instead of a person’s deceased relatives. The order of inheritance also determines who is entitled to what proportion of the inheritance.
Another important issue concerns the transfer or sharing of inheritance. The heir has a choice to accept or reject the inheritance. This decision is a joint action of all heirs and each heir has the right to accept or reject the inheritance in proportion to his/her share. If the inheritance is accepted, the heirs inherit the assets of the estate together with all its liabilities and debts. If the inheritance is rejected, the heir is not responsible for these obligations and debts. However, the refusal of inheritance is a joint decision for all heirs.
Will and Inheritance Regulation
A will is a written document that determines how a person’s inheritance will be divided before they die. With a will, the person who leaves an inheritance can determine the heirs and the proportions in which their inheritance will be shared. A will is an important document to prevent disputes between heirs after a person’s death. According to the Turkish Civil Code, a will is considered valid provided that it complies with certain rules. A will can be written, notarized or handwritten. In addition, when writing one’s will, one must prepare it in accordance with legal regulations.
The will also makes a clear statement about the person or institution to whom the person will leave his or her assets. In the will, third parties other than the heirs can also be bequeathed. This ensures that the bequeathed persons or institutions have the assets in line with the wishes of the person who left the inheritance. A will helps to protect the rights of heirs and other interested parties, as there is no ambiguity about the division of inheritance. However, heirs also have the right to challenge the provisions of the will under certain circumstances. In particular, the testator, when making a will, must not violate certain heirs’ shares established by law.
The Turkish Civil Code requires that a certain share be left to the heirs. This share is called the “reserved share” and this share cannot be completely eliminated by the will. For example, when a person leaves his/her inheritance to his/her children or spouse, he/she is obliged by law to leave them a certain share. If the person leaving the inheritance violates the reserved share, the heirs can claim this share by protecting their legal rights. The provisions of the will must always be valid in accordance with the principles laid down by law.
Inheritance Distribution and Contentious Inheritance Cases
Contentious inheritance cases often arise when the inheritance is divided, the rights of the heirs are determined and they disagree with each other. After the person who left an inheritance dies, a balance must be struck between the rights of the heirs. During the division of the inheritance, many factors must be taken into account, such as how the shares will be divided, how debts will be covered. Disagreements between heirs may prevent a fair division of the assets.
Inheritance law provides for contested inheritance proceedings to resolve such disputes. Disputes over the division of an inheritance are resolved by the court. Contentious inheritance cases usually arise between the parties over how to divide the assets. During these cases, the heirs may dispute the validity of the testament of the testator and make decisions such as the rejection or acceptance of the inheritance. Inheritance proceedings are often lengthy and complex processes. As each heir is entitled to claim his or her share of the inheritance, the resolution of the cases can sometimes be difficult.
Inheritance law has introduced a specific regulation to resolve such disputes. However, inheritance cases do not always have to end in a dispute. Heirs can resolve their differences amicably and ensure that the inheritance is shared fairly. This can be useful to avoid lengthy court proceedings.
Rejection of Inheritance
Inheritance refusal is the situation where the heir does not accept the assets of the inheritor. According to the Turkish Civil Code, refusal of inheritance is a legal act that allows the heir to reject the inheritance completely instead of accepting it. Inheritance refusal is usually made due to the debts of the person who left the inheritance. The heir decides that the inheritance will be a burden to him/her and instead of inheriting the entire estate, he/she rejects the inheritance for the sole purpose of not accepting the debts.
Inheritance refusal must be made within a legally prescribed period of time. The heir has the right to reject the inheritance within three months after the death of the heir. A refusal not made within this period results in the heir being deemed to have accepted the inheritance. The refusal of inheritance can be made separately for each heir. If an heir rejects the inheritance, the next in line of relatives of the heirs can step in instead.
Refusal of inheritance has important consequences not only for the heir, but also for the entire chain of inheritance. In the event of the heir’s refusal, no one claims this share and the inheritance passes to the next level of heirs. In some cases, refusal of inheritance helps to protect the rights of the heir and prevents him/her from suffering financial losses