What is Inheritance Law?
Inheritance law is the branch of law that regulates the transfer of a person's assets to their heirs upon death. This field covers topics such as the testator's last will, legal inheritance, inheritance shares, wills and rights arising from inheritance.
Inheritance law regulated in the Turkish Civil Code includes both legal inheritance and inheritance by will (testament) systems. Inheritance law is based on the principles of protecting family structure, respecting the testator's will and ensuring fair distribution among heirs.
Expert service in inheritance law and family heritage matters
Our Inheritance Law Service Areas
Inheritance Distribution and Determination
Correct calculation of inheritance shares among legal heirs and ensuring fair distribution.
Our Services:
- Determination of legal inheritance ratios
- Inheritance share calculations
- Asset determination
- Inheritance entitlement lawsuits
- Inheritance certificate preparation
Wills and Testamentary Dispositions
Legal will preparation and valid recording of last will.
Our Services:
- Will preparation
- Will validity examination
- Donation contracts
- Dispositions upon death
- Will execution
Inheritance Process and Stages
Legal Inheritance System
According to the Turkish Civil Code, heirs are divided into groups and a certain order is followed.
Classes of Heirs:
- First Class: Children and their descendants
- Second Class: Parents and their descendants
- Third Class: Grandparents
- Spouse: Inherits together with all classes
Calculating Inheritance Shares
Each heir's share is calculated according to the ratios specified in the law.
Basic Calculation Rules:
- Spouse with children: Spouse 1/4, children 3/4
- Spouse with parents: Spouse 1/2, parents 1/2
- Spouse with grandparents: Spouse 3/4, grandparents 1/4
- Equal distribution among children
Reserved Portion and Reduction Lawsuits
Reserved Portion System
In Turkish law, a reserved portion system is applied to protect certain heirs.
Heirs with Reserved Portion:
- Descendants: Half of legal inheritance share
- Parents: Quarter of legal inheritance share
- Spouse: Quarter of legal inheritance share
Reduction Lawsuits
Lawsuits to be filed in case of violation of reserved portion and their conditions.
Reduction Conditions:
Objective Conditions
- Violation of reserved portion
- Existence of testamentary disposition
- Lawsuit period (1 year)
- Reduction order
Subjective Conditions
- Being heir with reserved portion
- Not renouncing inheritance
- Not being disinherited
- Legal capacity to sue
Renunciation and Rejection of Inheritance
Renunciation of Inheritance
The process by which an heir renounces their heir status before inheritance opens.
Renunciation Characteristics:
- Timing: Made before inheritance opens
- Form: Made by official deed
- Reciprocity: Testator's acceptance required
- Irrevocability: Cannot be withdrawn later
- Effects: Also affects descendants
Rejection of Inheritance
Rejection Process
- 3-month rejection period
- Declaration to magistrate court
- Retroactive effect
- Transfer to descendants
Reasons for Rejection
- Excessive debts
- Personal preferences
- Tax obligations
- Family disputes
Inheritance Lawsuits and Disputes
Types of Inheritance Disputes
Common legal problems encountered in inheritance process and their solutions.
Common Lawsuit Types:
- Entitlement Lawsuits: Determination of heir status
- Inheritance Entitlement: Recovery of inheritance assets
- Reduction Lawsuits: Protection of reserved portion
- Will Annulment: Invalidity claim
- Partition Lawsuits: Division of joint property
Inheritance Investigation and Determination
Processes of determining testator's assets and identifying heirs.
Investigation Scope:
Asset Determination
- Title deed records
- Bank accounts
- Stocks
- Vehicles and movable assets
Debt Determination
- Credit debts
- Tax debts
- Commercial debts
- Personal debts
Will and Donation Law
Types of Wills
Valid will types and preparation methods in Turkish law.
Official Will:
- Preparation: Before notary or court
- Witnesses: Two witnesses required
- Security: Most secure method
- Record: Kept in official records
- Revocation: Only with new will
Holographic Will
Validity Conditions
- Handwritten from beginning to end
- Date and signature
- Written by own hand
- Clear expression of will
Advantages and Disadvantages
- Easy preparation
- Ensures privacy
- Risk of loss
- Validity disputes
Inheritance Tax and Financial Obligations
Inheritance Tax Calculation
Fulfilling inheritance tax declaration and payment obligations.
Tax Rates (2024):
- 1st Degree (Spouse-Children): 1% - 10%
- 2nd Degree (Siblings-Parents): 3% - 15%
- 3rd Degree (Other relatives): 5% - 20%
- Non-relatives: 10% - 30%
Exemptions and Deductions
Tax Exemptions
- Family residence (under certain conditions)
- Cultural assets
- Donations to educational institutions
- Disability deduction
Declaration Period
- 3-month declaration period
- From date of death
- Extension possibility
- Late payment interest
Why Cebeci Law Firm Inheritance Law?
Expert Team
Reliable service with our experienced and expert lawyer team in inheritance law.
Sensitive Approach
Solution-oriented service with sensitive and diplomatic approach in family disputes.
Detailed Calculation
Guarantee of meticulous and error-free work in inheritance share and tax calculations.
