Adana Inheritance Law Frequently Asked Questions

Inheritance consists of all the property rights and debts left by the deceased person (the person leaving the inheritance). At the moment of the death of the person leaving the inheritance, the inheritance passes automatically to their statutory heirs. Statutory heirs are the blood relatives of the person leaving the inheritance (such as descendants and ascendants), as well as adopted children and the surviving spouse. In addition, the person leaving the inheritance may also designate appointed heirs by a will or a contract of inheritance. Heirs are the persons who become entitled to the inheritance after the death of the person leaving the inheritance

The inheritance is divided among the statutory heirs according to the parentela system (zümre system, under which heirs are grouped by line of descent) provided for in the law. The first parentela consists of the descendants of the person leaving the inheritance (children, grandchildren); if there are none, the mother and father (and the siblings who take their place) come in as the second parentela; if there are none of these either, the grandparents (and, where necessary, their children) become heirs as the third parentela. The surviving spouse receives a share of the inheritance according to the parentela alongside which they inherit (at the rate of 1/4, 1/2 or 3/4, depending on the group with which they inherit). In the division of the inheritance, the heirs may make the division by agreement or, if they cannot agree, an action for partition (ortaklığın giderilmesi) may be filed through the court

The surviving spouse becomes entitled to the inheritance together with the other heirs, and their share varies according to the parentela to which the other heirs belong. If the spouse inherits together with the descendants (children) of the person leaving the inheritance, ¼ of the inheritance goes to the spouse. If the spouse inherits together with the mother and father of the person leaving the inheritance (second parentela), the spouse's share is ½ (one half). If the spouse inherits together with the third-parentela heirs of the person leaving the inheritance (grandparents), the spouse receives a ¾ share; if the person leaving the inheritance has no relatives at all, the entire inheritance goes to the spouse

If the person leaving the inheritance has no children, the inheritance is shared primarily by the surviving spouse and the mother and father. For example, if the spouse of the deceased is alive and the mother and father are also alive, the inheritance is divided between the spouse and the mother and father at the rates set out in the law. If the mother and father of the person leaving the inheritance are not alive but the grandparents are alive, the surviving spouse and the grandparents become heirs; in this case, the siblings cannot be heirs. If the person leaving the inheritance has neither a child, nor a spouse, nor a mother and father alive, the inheritance goes to the living siblings. If there are no statutory heirs at all, the inheritance passes to the State Treasury.

Yes, an adopted child also becomes an heir in the same way as a biological child. In law, the adopted person is regarded as a descendant of the adopter and receives a share of the inheritance just like biological children. The descendants (children) of the adopted child may likewise be heirs. However, a stepchild cannot be an heir unless there has been a formal adoption; stepchildren must have been adopted in order to inherit. In short, an adopted child has all the statutory inheritance rights, and their inheritance share is the same as that of a biological child.

The reserved portion means that the person leaving the inheritance cannot dispose of part of the shares of certain heirs designated by law (a minimum share protected by law). In other words, the person leaving the inheritance cannot entirely deprive certain close heirs of the inheritance. Under Turkish law, heirs entitled to a reserved portion fall into three groups: descendants (children and grandchildren), the mother and father and the surviving spouse. These persons hold a reserved portion. For example, half of the statutory inheritance share of the children, and one quarter of that of the mother and father, is the reserved portion. The person leaving the inheritance cannot make dispositions that would infringe the rights of the heirs entitled to a reserved portion at these rates; otherwise, the heir whose reserved portion has been infringed may claim their right by filing an action for abatement (tenkis davası, an action to reduce dispositions that exceed the disposable part).

Disinheritance (ıskat) is the act by which the person leaving the inheritance deprives a statutory heir of the inheritance for certain reasons. Under the Turkish Civil Code, the person leaving the inheritance may disinherit an heir entitled to a reserved portion in the following cases: (1) the heir has committed a serious offence against the person leaving the inheritance or against persons close to them; (2) the heir has substantially failed to fulfil their obligations arising from the law towards the person leaving the inheritance or their family. If these reasons exist, the person leaving the inheritance may disinherit the heir concerned in their will. In the case of disinheritance, the reserved portion of the disinherited heir also ceases to exist, and their inheritance share, if any, goes to the remaining heirs of the inheritance

A waiver of inheritance is the heir's renunciation, in advance, of their future right of inheritance by a contract made while the person leaving the inheritance is still alive. The waiver is regulated by a contract of inheritance made between the person leaving the inheritance and the heir. In this contract, the heir accepts in advance that they will not receive a share of the inheritance of the person leaving the inheritance; in return, the person leaving the inheritance may usually provide consideration (for example, a transfer of property or money). A person who has waived the inheritance is no longer an heir when the person leaving the inheritance dies. The waiver contract must be drawn up in official form, before a notary. Unless otherwise agreed, the waiver also covers the descendants (children) of the person who waives

Renunciation of inheritance is the heir's withdrawal from the status of heir by not accepting the inheritance after the death of the person leaving the inheritance. Statutory heirs may renounce the inheritance within 3 months of the date on which they learned of the death of the person leaving the inheritance. For appointed heirs, this period begins on the date on which they were officially notified that the inheritance had been left to them. Renunciation of inheritance is made by a declaration, by applying to the Civil Court of Peace at the last domicile of the person leaving the inheritance or to a notary. If, on the date of death of the person leaving the inheritance, it is evident or has been officially established that they were insolvent, the inheritance is in any event deemed to have been renounced automatically. Once the inheritance is renounced, that heir receives no share of the inheritance, and the inheritance passes to the other entitled persons as if that person had never been an heir.

An action for abatement is an action filed where the reserved portions of heirs entitled to a reserved portion have been infringed. If the person leaving the inheritance has made dispositions, by will or by gifts made during their lifetime, that exceed the rights of the heirs entitled to a reserved portion, these dispositions are reduced to the statutory limits through the action for abatement. The heir whose reserved portion has been impaired files an action for abatement after the death of the person leaving the inheritance and claims the recovery of the excess property or rights given, in proportion to their own reserved portion. Through this action, the dispositions of the person leaving the inheritance that exceed the reserved portion are not annulled; rather, the part exceeding the reserved portion is reduced proportionately and the holders of the reserved portion have their rights restored.

Concealment of assets from the inheritance is the transfer of assets by the person leaving the inheritance to third parties before death, or the making of sham transactions, with the aim of depriving some of their heirs of the inheritance. In this situation, legally termed the simulated transaction by the decedent, the person leaving the inheritance transfers property that they actually wish to give as a gift by means of a sham transaction such as a sale or a life-long maintenance contract. In this way, they aim to eliminate the heirs' rights in that property. In the case of concealment of assets from the inheritance, the heirs whose reserved portion has been impaired may file an action for cancellation of title and registration on the ground of a simulated transaction by the decedent (muris muvazaası nedeniyle tapu iptali ve tescil davası, an action seeking cancellation of the title deed registration and registration of the property in the heirs' names). The court may treat the simulated transaction as invalid and ensure that the property returns to the scope of the inheritance.

A will is a unilateral legal act containing a person's last wishes concerning their inheritance, made before their death. By a will, the person leaving the inheritance may regulate the distribution of their assets after death, leaving property to specific persons, disinheriting one of the heirs, and so on. The law provides three valid forms for drawing up a will: a handwritten will is a document written and signed by the person leaving the inheritance in their own handwriting; it may be deposited with an official authority (a notary or a judge of the Civil Court of Peace). An official will is drawn up before a notary or a judge of the Civil Court of Peace with the participation of two witnesses. An oral will, on the other hand, is a will declared to two witnesses in extraordinary circumstances and subsequently recorded in a written record. For a will to be valid, the person leaving the inheritance must have capacity to act, and the will must be made in accordance with the formal requirements laid down by law. In view of the possibility of annulment in the future, it is beneficial to have the will prepared with professional assistance.

As a rule, heirs are jointly and severally and personally liable for the debts of the person leaving the inheritance. In other words, heirs may have to pay the debts of the estate with their own assets as well. However, an heir who renounces the inheritance is not liable for these debts. Even if the debt of the person leaving the inheritance exceeds the inheritance share, liability for the entire debt may arise for an heir who does not renounce. For this reason, if the debts of the person leaving the inheritance exceed their assets, the heirs should consider resorting to renunciation of inheritance. In addition, heirs may also have a right of recourse against the other heirs to the extent that they have paid the debts of the estate.

A spouse who has been divorced by a final decision is no longer a statutory heir of their former spouse. Once the divorce decision becomes final, the parties lose the right to be each other's heirs. However, if one of the spouses dies while the divorce action is still pending, the surviving spouse may be a statutory heir, since the divorce has not yet been concluded. This situation is particularly important with regard to the inheritance rights of spouses who are in the process of divorce. If the divorce decision becomes final after the death, according to the practice of the Court of Cassation the inheritance of the deceased may go to the surviving spouse (who has not yet been officially divorced). In summary: a divorced spouse cannot inherit, but if one of the spouses dies before the divorce action is concluded, the surviving spouse may be regarded as an heir.

A certificate of inheritance is an official document showing the statutory heirs of the person leaving the inheritance and their inheritance shares. After the death of the person leaving the inheritance, the heirs need this document in order to prove that they are heirs and to carry out inheritance procedures. To obtain a certificate of inheritance, an application may be made to the Civil Court of Peace. Notaries have also been able to issue certificates of inheritance (since 2011); if all the heirs are Turkish citizens, it is possible to obtain it from a notary. If one of the heirs is a foreign national, the competent authority is only the Civil Court of Peace. Upon application, the court or the notary determines the heirs on the basis of official records and issues the certificate of inheritance.

1. No. Succession opens only upon a person's death; an inheritance cannot be claimed while the person leaving the inheritance is alive. The popular request for an "inheritance action while still alive" is not possible in law. While the person leaving the inheritance is alive, no division of property can be made and no right of inheritance arises. When the person dies, the inheritance passes automatically to their heirs. For this reason, a person whose father (or the person whose inheritance they expect) is alive cannot file an action to claim their inheritance share. The person leaving the inheritance can dispose of their assets as they wish only while alive (they may make gifts or sales); however, what is done in this way does not count as inheritance. In summary, it is not legally possible to claim an inheritance from a living person.

As a rule, inheritance is a disposition upon death; a person can leave their assets as inheritance only in a way that takes effect after their death. If you wish to give your assets to your children during your lifetime, the way to do this is not inheritance but transactions such as a gift or a sale. In other words, there is no such transaction as "distributing the inheritance while alive"; the transaction carried out is legally regarded as a gift. For example, if you wish to give part of your assets to your child during your lifetime, you can do so as a donation (gift); this transaction takes the place of inheritance. On the other hand, to regulate how you wish your inheritance to be divided in the future, it is recommended that you make a will or a contract of inheritance. In this way, you make the arrangements you wish while alive and ensure that they take effect after death in accordance with the law.

An action for partition (izale-i şuyu) is an action filed to bring to an end the co-ownership of property that has been inherited or that is subject to common ownership, and to divide the property among the co-owners. In particular, where several heirs are co-owners of an inherited immovable property (such as a house or a plot of land) and a division cannot be made by agreement, each heir may file an action for partition. This action is filed by one of the heirs before the Civil Court of Peace. The court generally ends the co-ownership by way of sale of the property; the money obtained from the sale is shared among the heirs. The aim is to bring joint ownership (elbirliği mülkiyeti) to an end and to make each person's share individual. Where no agreement can be reached on the division of property in a community of heirs, the action for partition is an appropriate legal remedy.

By law, in certain cases persons cannot become entitled to the inheritance or lose their status as heirs. The grounds for unworthiness to inherit (mirastan yoksunluk) are as follows: persons who intentionally kill or attempt to kill the person leaving the inheritance, or who commit a serious offence against the person leaving the inheritance or persons close to them, cannot be heirs. In addition, those who seriously breach their statutory family obligations towards the person leaving the inheritance are also unworthy to inherit (for example, failing to care for or abandoning the person leaving the inheritance). Apart from these, persons who by deception prevent the person leaving the inheritance from making a will, or who force them to make one, are also deprived of the inheritance. Heirs who commit these acts are treated as if they had died before the person leaving the inheritance and cannot inherit. Even without an act of disinheritance, those who commit these serious acts cannot be heirs by operation of law. However, if the person leaving the inheritance forgives these persons, their inheritance rights may be restored.

The parentela system is the statutory system that classifies heirs according to their degree of closeness to the person leaving the inheritance. In Turkish law, heirs are divided into three parentelae: the first parentela is the descendants of the person leaving the inheritance (children, grandchildren and their children). The second parentela is the mother and father of the person leaving the inheritance and (if they are not alive) the siblings and nephews and nieces. The third parentela is the grandparents of the person leaving the inheritance and (if they are not alive) their children. If there is an heir in a higher (closer) parentela, the lower parentela cannot inherit. For example, if a child of the person leaving the inheritance (first parentela) is alive, the mother and father (second parentela) do not become heirs. The parentela system ensures that the inheritance passes first to the closest relatives; if no heir remains in one parentela, the next parentela comes in. If there is no heir in any parentela, the inheritance goes to the State.