Two types of legal heirs are mentioned in our laws and inheritance law. These are legal heirs and appointed heirs.
"Justice without power is powerless, power without justice is cruel.”
In this article, we will try to briefly explain to you the law of inheritance, the sharing of inheritance and inheritance cases according to Turkish Law.
Death of the real person; In the case of absence and absence, the branch of law that regulates to whom and how the goods belonging to this person will be transferred is called Inheritance Law. The inheritance law regulated in our laws is a branch of the Turkish Civil Code. It is regulated between Articles 495-682 of the Turkish Civil Code No. 4721. At the same time, it is a branch of law that is closely related to the Law of Persons, Family Law, Law of Obligations and Property Law. In the branch of inheritance law, besides the transfer of goods after death, the subject of dispositions subject to death arranged before death is also covered.
Escape in Inheritance Law; Kind Does He Have Inheritance?
Two types of legal inheritance are mentioned in our laws and inheritance law. These are legal heirs and appointed heirs. Assets that are not dependent on the person and can be passed on to heirs are called estates. Although the person who legally inherits does not have an inheritance, the persons who are entitled to be the heirs with the will of the legator are called assigned inheritance.
What is the Estate System in Inheritance Law?
The Turkish Civil Code applies a rank system in inheritance and other matters. According to this system, in order to be an inheritor, it is necessary to be included in a group. If the previous group is the inheritance, the next group cannot inherit it. In the same way, it prevents the inheritance of the lower lineage with its clan and root head.
Who Are the Inheritance of Degrees?
The first-degree heirs of an inheritor are that person's descendants. In this case, the descendants of the inheritor, as well as his children, grandchildren and the next ones, can be inherited unlimitedly. In inheritance, children are equally inherited. In case the children of the inheritor have died, their descendants become the heirs instead of their children.
The degree (group) becomes the mother and father of the inheritance. The parents of the legator also become equal heirs. The descendants of the inheritor become the heirs instead of the deceased parents. In this case, if the mother and father of the inheritor have died, the right of inheritance is in their siblings. On the one hand, nothing; If there is no inheritance left, the whole inheritance goes to the other party.
The 3rd degree heirs of the inheritor are his grandparents. In the event that the great parents of the inheritor are deceased, his own uncle and aunts become the heirs.
Women's Inheritance
Women's inheritance right is an issue that is often thought to be regulated differently in developing societies such as our country, but our Civil Code does not make any distinction regarding the inheritance right of men and women.
Women have the same inheritance rights as men in both cases, whether they inherit from paternal inheritance or husband's inheritance.
This is both by law and by equity. Whether the woman is engaged in economic activity or not, she should participate equally in the management of the family union to which she is a member.
Inheritance Right of the Unborn Child (Feet)
In order for the unborn child to have the Inheritance Right, the child must first acquire a personality in the sense of civil law.
In Article 28 of the Civil Code, "Personality" begins when the child is fully born alive and ends with death. The child's legal capacity is conceived in the mother's womb, on the condition that he is born alive. from now on.” It has been said.
According to Article 582 of the Civil Code, a fetus can inherit provided that it is born alive. "dead&; A born child cannot be inherited, nor can his legacy be born. as red, it will not be passed on to his descendants.
What is Hidden Share?
What the reserved share is is clearly stated in the law. Accordingly, the hidden share ratio of the children of the legator and their descendants is half of the legal inheritance shares. The hidden share rates of the mother and father are one-fourth of the legal inheritance share. The hidden share of the surviving spouse is the entire legal inheritance share. The legislator did not make any changes while determining the reserved share of the surviving spouse. If the inheritor has damaged the inheritance share of the reserved heirs with a will or donations made before his death; Heirs with reserved shares can protect their rights with a lawsuit for criticism. However, in order to open a case for criticism, the law has set a statute of limitations. The party, who thinks or learns that his reserved share has been violated, may request the elimination of the violation by filing a lawsuit within 1 year from the date of learning. The inheritor can only inherit the reserved shareholding in the cases written in the law.
What is Heritage Certificate?
Death of the inheritor and the document that states who will inherit it afterwards is called the inheritance document. Another name for the inheritance certificate is the certificate of inheritance. It is sufficient to have even a single inheritance in order for the inheritance certificate to be issued. Before the regulations made in 2001, the certificate of inheritance was given only by the Civil Courts of Peace. With the legal changes made today, it is now possible to issue the inheritance certificate in notaries. However, those who live in a foreign country or are citizens of a foreign country cannot issue a certificate of inheritance from a notary public.
They can request the document for not only the legal heirs but also the appointed heirs in the inheritance document.
What is heritage removal?
Inheritance out-of-the-box is a process that can only be done for reserved heirlooms, and can be done with measure-based savings. The secret share heirs of the inheritor are his spouse, descendants and parents are the secret share heirs. These persons can be removed from the inheritance. The situation known as disclaimer among the people is actually the removal of inheritance.
If the inheritor has justified reasons before his death, he can legally reject his reserved share inheritance, that is, he can remove it from the inheritance. In Article 510 of the Turkish Civil Code No. 4721, the institution of removal from inheritance is explained.
Removal of inheritance can only be done in the presence of the conditions written in the law. One of the conditions of removal from inheritance; A heavy crime against the inheritor or his relatives of the reserved shareholding inheritance; is processing. A heavy crime against the person who inherited a hidden share or their relatives; if it works, it can be removed from the inheritance by the legator. Here “heavy water” The concept may show differences according to the characteristics of the concrete event. “Heavy water” While determining the socio-economic status of the family, the size of the movement, its results, etc. It should be evaluated in detail by the judge and accordingly, it should be decided whether it will constitute a just cause for removal from the inheritance. If we try to exemplify serious crime based on the events we have encountered so far; Theft, damage to property, committing looting etc. countable. In the presence of these serious crimes, it is possible to remove the hidden share inheritance from the inheritance.
What is Heritage Sharing? How To?
Inheritances should be shared in proportion to the following legal shares. In case of a dispute about inheritance sharing, an application can be made to the court for the proper distribution of inheritance. It is not necessary to file a lawsuit for inheritance sharing.
Inheritances come together and come to an agreement They can share about ace. In order to do this, after the death of the inheritor, all the heirs must come together and share the estate by mutual agreement.
In inheritance sharing cases, it is based on sharing the entire inheritance, that is, all the assets of the legator. All assets and debts of the inheritor at the time of death are determined by the court. After the collection of information on the assets and debts of the inheritor from all institutions, the distribution of the heirs according to the legal share rates is made by the court.
The most important issue in sharing the inheritance is the situation related to the property of the inheritor. The inheritor owns a real estate that should be a part of the inheritance. or if a different property has been passed on to another inheritance, the determinations to be made are very important.
In such a case, different branches of law come into play alongside inheritance law. It may be possible to open one or more inheritance cases in the hearing of inheritance cases. Although inheritance is a right, the state does not take action on its own unless it has a request and complaint about it.
How can property be shared in the absence of a will?
The fact that the inheritor does not leave a will behind in the event of his death creates a different way of sharing the inheritance. In property divisions where there is no will, the path to be followed changes depending on the spouse of the inheritor and whether this person is alive.
Before all these operations, it is investigated whether the inheritor makes a contractual agreement. In the absence of such a document and contract, it will be determined that there is no assigned inheritance. In the absence of an assigned inheritance, the process of sharing between the legal heirs can begin. In this case, if the surviving spouse and the lower lineage are inherited together, the surviving spouse receives one-fourth of the inheritance and the lower descendant the other part.
If the surviving spouse inherits with his parents, this time the inheritance is ½ surviving spouse, other ½ the part is taken by the lower lineage. If the surviving spouse is the heir with his grandparents, then the inheritance is ¾ the surviving spouse receives the portion. The remainder is shared among sub-lines.
There is no gender discrimination during inheritance sharing. Men and women have an equal share.
Inherited Property Deed Annulment Actions
The essence of inheritance law regulated in our laws. this principle is confidential. In all disputes such as the annulment of title deed, collusion and theft of property, which are necessary in the inheritance law, this principle operates and the courts take decisions on it. The way and evidence to be followed in cases of property abduction from inheritance is very important.
The heir may have transferred his inherited property to an inheritance. In such a case, other legal heirs who are entitled can be sued for theft of property from the inheritance.
These cases are completely ö are lawsuits. The party or parties claiming the property abduction and suing the case must prove to the court that this property abduction has taken place.
The inheritor may not have distributed his property fairly while he was alive. In this case, it may be the case that the inheritor divides all his property, but each heir has a different proportion of property, and in this case, there is an obvious inequality.
In some cases, fathers and sons of goods may want the hands to be collected and leave their legacy in this way. In such cases, lawsuits can be filed about inequalities. In these cases, the name toolless and unequal distribution of property must be proven in court.
What is Inheritance Denial? How can it be done?
According to the provisions in Article 606 of the Civil Code, the inheritance is returned by the legal right holders of the inheritance; should be rejected within the month.
Rejection of Inheritance also; monthly period, the death of the legator for legal inheritance; For the appointed heirs, what they learn starts from the date when the inheritance and the remaining savings are officially notified to them.
If the legal heirs can prove that they are inherited later on, the mentioned period starts from the day learned.
Death; If the insolvency of the person who left the inheritance on the date of the inheritance is clearly evident or has been officially determined, the inheritance is rejected. If the inheritor is deeply in debt by leaving an inheritance, it is decided as if the inheritance was rejected by the heirs according to this situation. There is no condition such as the heirs' rejection of the inheritance.
But a debtç In order to get rid of a possible execution proceeding due to the reason, the court should determine that the inheritor is in debt.
What Does the Case of Criticism Mean?
Freedom of disposition under the title of dispositions subject to division in the sections of the Civil Code that include the law of inheritance; It has provisions. Here, concepts such as hidden share and hidden share inheritance are encountered. Reserved share is the special rights granted to some of the legal inheritances and which the legator cannot dispose of. The Civil Code does not see the right of disposition on the property of the legator as an unlimited right of disposition.
The heir's liberties in the right of disposition 506 and 513 of the Civil Code; Restrictions were introduced in the articles and regulations were made in these articles. In this regard, it has also regulated the rules of cancellation and annulment related to dispositions based on measure in Articles 557 and 571.
The heir's freedom to save upon death; In case of exceeding the value, it can ensure the elimination of situations such as the violation of the reserved share by filing a lawsuit for the annulment of the heirs. The heirs with reserved shares who will want to protect the reserved share right by filing a Tenkis lawsuit are the spouse, mother, father and descendants. In this case, it is seen that the plaintiffs of the action for reduction will be the heirs of the hidden shares. In these cases, the defendant party is the person in whose favor the dispositions are made by exceeding the reserved share.
How to Prepare a Will?
Dictionary&; The practice of wills is very few and even almost none; there is none. The words of the two witnesses who will be with him in a difficult situation such as earthquake, flood and similar; He can say his will as a testament. This lexicon The will should be written down later.
Willings are divided into three in terms of shape. These are oral, written and official. The oral to be prepared wills are extraordinary; It is valid in cases and in cases where there is no other option.
This lexicon translated into text; The will must be submitted to the Court of First Instance. In order for this will to be valid, both of the witnesses must be literate.
In handwritten wills, all writing must belong to the legator. A will prepared in this way does not have to be submitted to the courts.
Courts Responsible for Inheritance Sharing Cases
The courts with general duty of inheritance law are the courts of first instance. Regardless of the value and amount of the subject of the lawsuit, In lawsuits, in cases related to the existence of a person, the competent court is the civil court of first instance, unless there is a contrary regulation.
We would like to inform you about the subject in general terms, as well as inform you that you can consult our office for detailed information.