Av. Ayşe Öncül

Inheritance Law

The inheritance law is a branch of law that examines the future of real persons' property and private law relations as a result of their death. Pursuant to Article 17 of the Law on the Enforcement and Implementation of the Turkish Civil Law Numbered 4722, inheritance and inheritance are determined according to the provisions in force on the date of death of the inheritor. For this reason, if the legator died before 01.01.2002, the provisions of the Civil Code Numbered 743 will be applied and if he/she died later, the Turkish Civil Code Numbered 4721 will be applied. The Civil Law Numbered 743 came into effect on 04.10.1926, and Turkish Civil Law Numbered 4721 came into effect on 01.01.2002.

In the third book of the Turkish Civil Law numbered 4721, the law of inheritance is regulated between articles 495 and 683. It is indisputable that disputes such as the transfer and sharing of the property left behind by the death of the person to the heirs are the subject of various lawsuits. Some of the aforementioned lawsuits frequently occupy the courts. For example, conflicts such as the request for a certificate of inheritance, smuggling of inheritance, collusion, criticism, equalization in inheritance, progress in inheritance, cancellation of testamentary dispositions, fulfillment of will, rejection of inheritance, deprivation of inheritance, removal from inheritance are quite intense

In practice, it is seen that there is doubt about which lawsuit should be filed for the resolution of which inheritance dispute. For example, one of the heir uses the immovable registered in the name of the inheritor and in a lawsuit such as the denial of the rights of the other heir, it is doubtful that a lawsuit should be filed due to inheritance. In order to prove the right and title of heirship in accordance with the inheritance law, the heirs are given a certificate of inheritance by applying to the magistrates' court or notary public. The contrary of these documents can be proved with any kind of evidence. In the field of inheritance law, in the lawsuit of cancellation of the certificate of inheritance and the request for a new one, it is to eliminate the teasing made to the heir or share of the lawsuit, to ensure that the certificate of heirship is true. In particular, an action for annulment is filed based on reasons such as the fact that the heir is not shown in the certificate of inheritance, the inheritance share is shown incorrectly, and the person who will not be heir is included in the document as heir.

Frequently Asked Questions

  • Obtaining a Certificate of Inheritance.
  • Lawsuit for Annulment of Certificate of Inheritance.
  • Inheritance Waiver Agreements.
  • Lawsuit for Denial of Inheritance.
  • Lawsuit for Annulment of Inheritance Denial.
  • Preparation of the Will. 
  • Agreement Caring Until You Die. 
  • Inheritance Sharing and Transfer Agreements.
  • Return Lawsuit in Inheritance.
  • Testator Collusion.
  • Lawsuit for Reduction.
  • Inheritance Equalization Lawsuits.
  • Lawsuits Regarding the Appointment of a Representative to an Inheritance Company.

Another of the lawsuits in the field of inheritance law is the title deed cancellation and registration lawsuit based on the testator's collusion. Apart from this, there is also a type of lawsuit called criticism lawsuit and it is frequently encountered in practice. It is an innovative lawsuit filed against the death-related or in-between savings of the inheritor that damages the reserved shares. The heir, whose hidden share is damaged by the valid agreements and transactions of the legator, is filed for criticism in order to regain his reserved share. The purpose of the criticism is to ensure that the heir with the reserved share receives the reserved share. In the lawsuit of equalization, the aim is to ensure that the property given as a deduction for the inheritance share in the health of the inheritor is returned to the estate. In other words, it is the legal heir's unregistered agreement about the inheritance.

For the inheritance law, each inheritance lawsuit opened in practice should be filed within the legal period. It is necessary to pay attention to the periods of infringement and the statute of limitations. The relationship between real persons is known as a relationship between blood ties or an agreement recognized by the law. There are blood relatives and contractual relatives for inheritance law. The blood relatives are descendants, parents, grandparents, extra-marital relatives (those born out of wedlock, established by the recognition of lineage or the judgment of a judge).
The inheritance Law is a branch of private law that regulates how and to whom the assets of this person will be transferred upon death or disappearance of a real person. As Öncül Hukuk Bürosu, we provide services regarding the savings and other legal transactions made by the testator while he was alive, and in the resolution of legal disputes with our clients and third parties as a result of these transactions.
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