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Inheritance law is a long-established branch of law governing the fair transfer of a deceased person's assets among the statutory and appointed heirs. YBS Hukuk Bürosu, which serves those looking for an inheritance lawyer in Adana, focuses in particular on actions concerning the simulated transaction by the decedent (muris muvazaası, the concealment of assets from heirs through transfers disguised as sales), which are frequently encountered in the transfer of agricultural land and commercial enterprises. In the processes of obtaining a certificate of inheritance, annulling a will and the action for partition (ortaklığın giderilmesi, izale-i şuyu), it offers solutions within the framework of legal rationality while minimising intra-family disputes.
This summary is provided for general information purposes. Specific legal matters require individual assessment.
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Adana Inheritance Law Lawyer | Av. Y. Buğrahan SEVDİ & YBS Hukuk
Inheritance law is one of the most long-established and technical branches of Turkish Civil Code (TMK) No. 4721; following the end of a natural person's legal personality upon death, it governs the transfer of the remaining assets (the estate, tereke), rights and debts among the statutory and appointed heirs. In the disputes we handle as an Adana inheritance lawyer and an Adana wills lawyer , our fundamental aim is to ensure that the last wishes of the decedent (muris, the person leaving the inheritance) are carried out in accordance with the law, and to intervene legally where those wishes infringe the 'Reserved Portion' rights (saklı pay, the minimum share protected by law for certain statutory heirs) of the statutory heirs. The socio-economic structure of Adana and the Çukurova region frequently brings to the fore transactions carried out with the motive of 'favouring one child' or 'concealing assets' (simulated transaction by the decedent, muris muvazaası), particularly in the transfer of agricultural land and commercial enterprises. Inheritance cases are, by their nature, proceedings in which family relationships are at their most strained and emotion can take precedence over legal rationality. For this reason, our mission as an Adana lawyer is not only to act as counsel in the case but also to strive to ensure an equitable division of the estate. In these cases, such as the determination of the estate, the opening of the will, the renunciation of inheritance, the action for abatement (tenkis davası, an action to reduce dispositions exceeding the portion the decedent could freely dispose of) and the action for partition (ortaklığın giderilmesi, izale-i şuyu), each of which is subject to its own procedural rules, missing the time limits (peremptory periods and limitation periods) leads to losses of rights that cannot be remedied. For example, missing the 1-year period in the action for abatement or the 3-month period for the renunciation of inheritance may leave an heir facing debts of millions of liras or deprive them of their right of inheritance.Adana Lawyer for Actions Based on a Simulated Transaction by the Decedent
A simulated transaction by the decedent (muris muvazaası) is a transaction made by the person leaving the inheritance with the aim of depriving an heir of their right of inheritance, which is in reality a gift (donation) but is officially presented as a sale or as a life-long maintenance contract (ölünceye kadar bakma sözleşmesi). This type of action, whose foundations were laid in our law by Decision on the Unification of Case Law (İçtihadı Birleştirme Kararı, İBK) 1/2 dated 01.04.1974, is the most common and most technical action in inheritance law. In Adana, title deed transfers made in particular to pass assets to a son, to transfer property to a second spouse or to deprive daughters of the inheritance form the subject of this action. In proving simulation, the decedent's financial situation, the purchasing power of the transferee, the excessive difference between the real value of the immovable property on the date of transfer and the sale price shown in the title deed, and the family relationships between the parties (presumptions drawn from human experience) are the decisive criteria. As an Adana inheritance lawyer, we bring to light the decedent's 'true intention' through a retrospective search of title deed records, bank account movements and witness statements. If the decedent did not need money and transferred the immovable property to one of their children free of charge or for a symbolic price, it should be accepted that this transaction was not a 'sale' but a 'gift', and therefore simulated, and the title deed should be cancelled and the property registered in the name of all the heirs.Turkish Civil Code Article 560 (Abatement): "Saklı paylarının karşılığını alamayan mirasçılar, mirasbırakanın tasarruf edebileceği kısmı aşan tasarruflarının tenkisini dava edebilirler. Yasal mirasçıların paylarına ilişkin hükümler, saklı paya ilişkin kuralların aksine, mirasbırakanın tasarrufu ile değiştirilebilir. "Heirs who do not receive the value of their reserved portions may bring an action for the abatement of those dispositions of the decedent that exceed the portion of which the decedent may dispose. The provisions on the shares of statutory heirs, unlike the rules on the reserved portion, may be altered by a disposition of the decedent." (unofficial translation)
Action for Abatement (Protection of the Reserved Portion)
The decedent may leave their assets to whomever they wish through dispositions made during their lifetime or upon death (a will). However, this freedom is not unlimited; it cannot affect the 'Reserved Portion' rights, protected by law, of the descendants (children/grandchildren), the parents and the surviving spouse. The action for abatement filed where the reserved portion has been infringed ensures that the benefits conferred by the decedent are brought back within the legal limits. Abatement calculations in the Adana courts are carried out by court-appointed experts using the 'Fixed Abatement Ratio' and 'Net Estate' formulas. The most critical issue in an action for abatement is the peremptory periods of 1 year and 10 years. The heir must file this action within 1 year of the date on which they learned that their reserved portion had been infringed and, in any event, within 10 years of the opening of the will or of the opening of the succession. As an Adana inheritance lawyer office, when calculating the estate, we aim to determine the client's reserved portion precisely, to the last penny, also taking into account the gifts made by the decedent during their lifetime that are subject to equalisation (denkleştirme), dowry contributions, endowments for setting up a business and insurance payments.Renunciation of Inheritance and Deemed Renunciation of Inheritance
An inheritance forms a whole with its liabilities (debts) as well as its assets (property) (universal succession, külli halefiyet). Where the decedent's debts exceed their assets, the heirs have the right to renounce the inheritance so that they are not liable for those debts with their personal assets. Under TMK Art. 605, an application must be made to the Civil Court of Peace within a period of 3 months for an actual renunciation of the inheritance. However, in many cases in Adana, heirs are seen to have missed this period. Where the period has been missed, 'Deemed Renunciation of Inheritance' (mirasın hükmen reddi, TMK Art. 605/2) comes into play. If the decedent's insolvency (excess of debts over assets) was clearly evident or officially established on the date of death, the inheritance is deemed to have been renounced. This action is not subject to a time limit. Against the enforcement proceedings of creditors (banks, the Social Security Institution (SGK), individuals), an action for the 'Determination of the Insolvency of the Estate' is filed so that the heirs are released from the debt. As an Adana inheritance lawyer, we investigate the decedent's assets and report, on the basis of technical data, whether acceptance or renunciation of the inheritance is in the client's favour.Action for Partition (İzale-i Şuyu): Ending Co-ownership and Sale
This is the type of action filed where the heirs cannot agree on the division of immovable property held in co-ownership in shares (paylı mülkiyet) or in joint ownership (elbirliği mülkiyeti). If division of the immovable property in kind (physical division) is possible, the court orders it; if not (which is generally not possible for buildings and plots), it orders its sale by public auction. The sale price is distributed to the heirs in proportion to their shares. In actions for partition (izale-i şuyu) in Adana, the strategic moves are the claim concerning 'Ownership of Improvements' (muhdesatın aidiyeti, i.e. to whom the structure on the immovable property belongs) and the request that the sale be held 'only among the co-owners'.Case Law in Force in Inheritance Law
1. Limits of the 'Duty of Care' Defence Against a Claim of Simulated Transaction by the Decedent
COURT OF CASSATION, 1ST CIVIL CHAMBER, E. 2025/125, K. 2025/5593, DATED 03.12.2025
A transfer of immovable property made by the decedent, shortly before death, to the child or grandchild who looked after and cared for them cannot be characterised as 'concealment of inheritance assets' (simulation) if the decedent's need for care is established by concrete facts and the transferee actually provided that care. This transfer is not a 'gift' but consideration for the care services rendered and the gratitude felt. A low sale price cannot, on its own, be proof of simulation.
This decision gives legal legitimacy to the understanding 'I will give my house to the child who looks after me in my old age', which is frequently encountered in the traditional family structure in Adana. Acting as counsel for the respondent, we prevent the cancellation of the title deed by proving, through hospital records, statements of neighbours and the decedent's state of health, that the transfer was made in return for 'a feeling of gratitude and a duty of care'. Acting as counsel for the claimant, on the other hand, we secure the annulment of the transaction by proving that the decedent was not in need of care or that the care was not provided.
The 1-Year Period in the Action for Abatement and When It Begins
COURT OF CASSATION, 1ST CIVIL CHAMBER, E. 2025/5914, K. 2025/5965, DATED 15.12.2025
The date of learning that the reserved portion has been infringed is the starting point of the 1-year peremptory period in an action for abatement. According to the settled practice of the Court of Cassation, the heir is deemed to have learned of the infringement of the reserved portion upon the death of the decedent and the opening of the will. An action filed after 1 year has passed is dismissed ex officio because of the peremptory period. The claimant's assertion 'I have only just found out' is not heeded in view of the principle of publicity of title deed records.
This decision shows how strict 'Calendar Discipline' is in inheritance law. Many heirs wait, thinking 'I have the right anyway', and miss the 1-year period. Following the decedent's death, we carry out title deed and bank searches within 24 hours, identify possible infringements of the reserved portion and file our action before the period expires. In law, time is the right itself.
3. Renunciation of Inheritance and the Presumption of Insolvency of the Estate
COURT OF CASSATION, 7TH CIVIL CHAMBER, E. 2025/109, K. 2025/688, DATED 12.02.2025
If, on the date of death, it is clearly evident or officially established that the decedent's assets did not cover their debts (state of insolvency), the inheritance is deemed to have been renounced by operation of law, regardless of whether the heirs made a declaration of renunciation within the 3-month period. The insolvency of the estate may be proved by any kind of evidence, and this situation may be raised as a 'defence' (def'i) against the enforcement proceedings of creditors.
Our clients usually come to us in a panic, saying 'an attachment has been placed on my house because of the debts left by my father, and I have also missed the 3-month period'. The consistent view of the Court of Cassation offers a way out by confirming that the period does not run in respect of insolvent estates. By comparing the decedent's liabilities (enforcement files, loan debts, etc.) with their assets, we aim to obtain from the court this determination, which has the effect of a 'Certificate of Insolvency' (aciz vesikası), and thereby to release our clients from the debt.
4. Capacity and Medical Reports in the Annulment of a Will
COURT OF CASSATION, 7TH CIVIL CHAMBER, E. 2025/784, K. 2025/5025, DATED 26.11.2025
The essence of the case is establishing whether the decedent had capacity to act (soundness of mind) on the date the will was made. Prescriptions from that date alone are not sufficient for this determination. It is mandatory to obtain from the Council of Forensic Medicine (Adli Tıp Kurumu) a 'Retrospective' report showing the decedent's condition on the date of the transaction, supported by witness statements and all medical documents. In cases of doubt, the will should be annulled.
A will is the decedent's last wish, but that wish must be expressed with 'sound intent'. This decision sheds light on the annulment of wills signed by persons with age-related dementia or Alzheimer's disease in Adana. Accordingly, as an Adana wills lawyer , we carry out all the legal procedures in order to prevent the possibility of the will being annulled after the death of the person leaving the inheritance.
Sample Statement of Claim for Cancellation of Title Deed and Registration on the Ground of a Simulated Transaction by the Decedent (Draft)
TO THE ADANA CIVIL COURT OF FIRST INSTANCE ON DUTY
CLAIMANT : [Heir's Name Surname] (Turkish Identity No: ...)
ADDRESS : [Full Address]
COUNSEL : Av. Yakup Buğrahan SEVDİ, [Address]
RESPONDENT : [Name Surname of the Transferee of the Property] (Turkish Identity No: ...)
ADDRESS : [Full Address]
SUBJECT OF THE ACTION : On the legal ground of a simulated transaction by the decedent (concealment of assets from the inheritance), the CANCELLATION of the title deed registered in the name of the respondent in proportion to my inheritance share and its REGISTRATION in my name or, if this is not possible, a request for abatement.
VALUE IN DISPUTE : 10.000 TL (This is the value on which the court fee is based and shall be increased following the examination by the court-appointed expert.)
STATEMENT OF FACTS :
1. THE PARTIES AND THE HEIRSHIP: The decedent [Name of the Decedent] died on .../.../...., leaving the claimant client and the respondent as statutory heirs. (Annex 1: Certificate of Inheritance).
2. THE SIMULATED TRANSACTION: During their lifetime, the decedent transferred at the land registry the immovable property they owned, registered as Adana province, ... District, ... Block, ... Parcel, to the respondent on .../.../.... by presenting it as a 'sale'. However, this transaction was in reality a gift and did not reflect an intention to sell.
3. DISCREPANCY IN PRICE AND INTENT TO CONCEAL ASSETS:
a) While the real market value of the immovable property on the date of transfer was ... TL, the sale price shown in the title deed is ... TL. This excessive difference is the clearest evidence of simulation.
b) On the date of transfer, the decedent was a person receiving a retirement pension, in a sound financial situation and not in need of money. There was no reasonable reason for making a sale.
c) The respondent, on the other hand, was a ...-year-old student/housewife without any income on the date of transfer. The respondent does not have the financial means to purchase this immovable property.
4. DECISION ON THE UNIFICATION OF CASE LAW 1974/1-2: Pursuant to the Decision on the Unification of Case Law of the Court of Cassation, such simulated transactions made with the aim of depriving an heir of their right of inheritance may be annulled at the request of any heir, whether or not they hold a reserved portion.
LEGAL EVIDENCE :
1. Title Deed Records (we request that they be obtained),
2. Certificate of Inheritance,
3. Bank Account Movements of the Decedent and the Respondent (proof that the price was not paid),
4. Research on Comparable Market Values and Examination by a Court-Appointed Expert,
5. Witness Statements (the witnesses are to explain the decedent's intention at that time and the purchasing power).
CONCLUSION AND RELIEF SOUGHT : For the reasons set out above;
1. The CANCELLATION of the title deed record of the immovable property registered as ... Block ... Parcel in the name of the respondent in proportion to the client's inheritance share and its REGISTRATION in the name of the client,
2. The placing of an INTERIM INJUNCTION on the title deed record in order to prevent the transfer of the immovable property to third parties,
3. That the costs of proceedings and the attorney's fee be borne by the respondent; we respectfully submit and request this on behalf of our client. .../.../2026
Counsel for the Claimant
Av. Yakup Buğrahan SEVDİ
The Role of the Adana Inheritance Lawyer in Various Inheritance Cases in Adana
Inheritance law covers a very wide range of actions. These actions may range from obtaining a simple document to complex property cases that may last for years. The types of action we encounter most often as YBS Hukuk Bürosu, and in which we provide services drawing on our experience, are as follows:- Actions for Obtaining or Annulling a Certificate of Inheritance (Veraset İlamı, Mirasçılık Belgesi): Obtaining the basic document showing who the heirs are and their share ratios.
- Actions for Abatement: Actions filed to protect the rights of heirs whose reserved portion has been infringed by gifts made by the person leaving the inheritance or by a will.
- Actions for Cancellation of Title Deed and Registration Based on a Simulated Transaction by the Decedent (Concealment of Assets): The annulment of sham sales made by the person leaving the inheritance in order to conceal assets from the heirs.
- Actions for the Annulment of a Will: Invalidating wills that do not comply with the formal requirements or that were drawn up where the intention of the person leaving the inheritance was vitiated (threat, deception, etc.).
- Actions for the Determination of the Estate: The complete identification of all the assets and debts of the person leaving the inheritance.
- Cases Concerning the Action for Partition (Ortaklığın Giderilmesi, İzale-i Şuyu): Ending the co-ownership of inherited assets by way of sale or division.
How Is an Inheritance Divided? Reserved Portion and Actions for Abatement
The division of the inheritance is the most fundamental stage, governing how the assets of the person leaving the inheritance are to be shared among the statutory heirs after their death. The Turkish Civil Code bases this division on the parentela system (zümre system, under which heirs are grouped by line of descent). Under this system, the heirs are as follows:- First Parentela: The descendants of the person leaving the inheritance (children and grandchildren).
- Second Parentela: The mother and father of the person leaving the inheritance and their descendants (siblings, nephews and nieces).
- Third Parentela: The grandparents of the person leaving the inheritance and their descendants (uncles and aunts on both sides).
What Is the Reserved Portion?
The reserved portion (saklı pay) is the minimum inheritance share protected by law for statutory heirs despite the freedom of disposition of the person leaving the inheritance. The person leaving the inheritance cannot dispose of all of their assets as they wish. Descendants, the mother, the father and the surviving spouse are heirs entitled to a reserved portion. Heirs whose reserved portions have been infringed by dispositions upon death made by the person leaving the inheritance (a will, etc.) or by gratuitous benefits (gifts) made during their lifetime may claim their rights by filing an action for abatement (tenkis davası). As an Adana inheritance lawyer, we provide legal advice and litigation services to protect our clients' reserved portion rights and to ensure that the inheritance is divided fairly.
A Warning from YBS: The Risk of Agreements Made Among Heirs!
Heirs may think that written division agreements they make among themselves without notarial approval are fully valid in law. However, this is a serious misconception. Inheritance division agreements made in ordinary written form do not confer authority to carry out transfer transactions in official registers such as the title deed registry and are not binding on the parties. If one heir later withdraws from the agreement, this may upset the entire balance and lead to greater disputes. For a division that is legally valid and binding on all parties, it is mandatory either to conclude an "inheritance partition agreement" (miras taksim sözleşmesi) in which all the heirs take part and which is approved by a notary, or to have the co-ownership ended by a court decision (action for partition). Otherwise, the expenditure made and the de facto divisions do no more than lay the ground for future actions for cancellation of title deed and registration.
Prepared by YBS Adana Law Office.
Wills, Concealment of Assets (Simulated Transaction by the Decedent) and Special Situations in Inheritance Law
Inheritance law is not limited to the division of the inheritance; it also covers many special situations such as disinheritance (the exclusion of an heir), unworthiness to inherit, the annulment of a will and the drawing up of contracts of inheritance.- Disinheritance (Iskat): The deprivation, by the person leaving the inheritance, of an heir entitled to a reserved portion of their inheritance where the serious conditions listed in the law exist (for example, the commission of a serious offence against the person leaving the inheritance or their family).
- Unworthiness to Inherit (Mirastan Yoksunluk): An heir who intentionally kills or attempts to kill the person leaving the inheritance, or who prevents them from making a will, cannot by law receive a share of the inheritance.
- Simulated Transaction by the Decedent: Transfers of property made by the person leaving the inheritance during their lifetime with the aim of infringing their heirs' reserved portion rights (usually gifts presented as sales) are among the most frequently encountered situations. Such deceptive transactions may become the subject of actions for cancellation of title deed and registration.
Table: Roadmap for the Certificate of Inheritance and Transfer Procedures
| Step Number | Procedural Stage | Relevant / Competent Authority | Basic Documents Required | Statutory / Average Duration | Our Notes and Recommendations |
| 1 | Obtaining a Certificate of Inheritance (Veraset İlamı) | Notary's Office OR Civil Court of Peace | • Identity of the applicant heir • Death certificate or Turkish identity number of the decedent (the deceased) • Civil registry record | Notary: Same day (usually 15-30 minutes) Court: on average 1-4 weeks (The process may take longer depending on the complexity of the situation.) | No transaction can be carried out without this document. In situations such as a will, a foreign heir or an issue of parentage, the notary is not competent; an application must be made directly to the Civil Court of Peace. |
| 2 | Filing the Inheritance and Gift Tax Return | Tax Office of the Decedent's Last Place of Residence | • Certificate of inheritance • Identity details of the heirs • Documents for the assets forming the inheritance (title deed, vehicle registration certificate, bank letter, etc.) • Letter on the current market value to be obtained from the municipality (for immovable property) | Statutory Period: If the death occurred in Türkiye and the heirs are in Türkiye, 4 months from the date of death. Depending on circumstances abroad, this period may be extended to 6 months. | Transfer procedures cannot be carried out until the return has been filed and the tax paid. Missing the statutory period gives rise to an irregularity penalty and blocks the entire process. The return may also be filed via the e-Government Gateway (e-Devlet, the state's online public services portal). |
| 3 | Obtaining a "No Tax Liability" Letter (Vergi İlişiği Yoktur) | Relevant Tax Office | • Payment receipts for the inheritance and gift tax • Petition | Average Duration: 2-3 working days | This document is the key to all transfer procedures. It is mandatory to obtain this document in order to carry out title deed, notary (vehicle transfer) and bank transactions. No transfer of assets can be made without this document. |
| 4 | Transfer of Immovable Property (House, Plot, etc.) | Relevant Land Registry Directorate (title deed office; the application is made via Web Tapu, the online land registry portal) | • Certificate of inheritance • "No tax liability" letter • Identity documents of the heirs and one photograph of each • Compulsory earthquake insurance (DASK) policy (if a building) | Average Duration: 1-3 working days after the application | Registration as "joint ownership" (elbirliği mülkiyeti) in the name of all the heirs can be made on the application of a single heir. Under joint ownership, the unanimous consent of all the heirs is required for the sale of the immovable property and for all other legal transactions. |
| 5 | Transfer of Vehicles | Any Notary's Office | • Certificate of inheritance • "No tax liability" letter • The vehicle's registration certificate, valid inspection and compulsory traffic insurance • Identity documents of the heirs | Average Duration: Same day (approximately 30 minutes) | If the vehicle is to be transferred to a single heir, the other heirs must give a waiver (feragatname) before a notary. Otherwise, the vehicle is registered in the name of all the heirs. |
| 6 | Withdrawing Money Held in a Bank | Relevant Bank Branch | • Certificate of inheritance • "No tax liability" letter • Identity documents of ALL THE HEIRS and their joint signature, or a power of attorney | Average Duration: Same day if the documents are complete | This is the most sensitive stage. If even a single heir does not sign, the money cannot be withdrawn. In the event of disagreement, in order to withdraw the money, an action for "conversion of joint ownership into co-ownership in shares" must be filed before the Civil Court of Peace. |
| 7 | Actual Division of the Inheritance (Taksim) | Among the Heirs Themselves OR Civil Court of Peace | Division by Agreement: A written "Inheritance Partition Agreement" signed by all the heirs. | By agreement: Depends on the agreement Litigation: May take 1-2 years or longer | The quickest and most economical route is agreement. In an "Action for Partition (Ortaklığın Giderilmesi, İzale-i Şuyu)" filed in the event of disagreement, the court may order the sale of the property by public auction. This decision generally leads to the property being sold below its market value. |
The Importance of Support from a Lawyer to Avoid Loss of Rights in Adana Inheritance Cases
Inheritance law is a field that leaves deep marks on the lives of individuals and families and involves processes that are extremely complex both emotionally and legally. The fair and lawful division of the inheritance, the prevention of losses of rights and the fair resolution of possible disputes among heirs make professional legal support indispensable. Critical matters such as the determination of the estate, the protection of reserved portion rights, the validity of a will and the renunciation of inheritance require the experience and meticulous work of an Adana inheritance law lawyer who is competent in the field. As YBS Hukuk Bürosu, we stand by our clients in the field of inheritance law and provide a solution-oriented service within the framework of the rule of law and the principles of justice. Our office provides legal advice and legal representation across a wide range, from obtaining a certificate of inheritance to actions for abatement, and from the annulment of a will to the renunciation of inheritance. Taking into account the specific circumstances of each file, we determine and implement the most appropriate legal strategies in line with our clients' interests. You may contact us to obtain detailed information about legal processes or to obtain advice on a matter in the field of inheritance law. Remember that legal steps taken correctly and in good time are the key to reaching a fair outcome, and that professional legal representation plays a critical role in this process.YBS Hukuk Warns: Do Not Miss the Period for the Renunciation of Inheritance!
If you do not wish to be liable for the debts of the person leaving the inheritance, you must renounce the inheritance (reddi miras) by applying to the Civil Court of Peace within 3 MONTHS of the date on which you learned of the death. This period is peremptory, and if it is missed, the inheritance is deemed to have been accepted together with its debts. It is important that you obtain legal support without delay so as not to miss this critical period. As YBS Hukuk | Adana Law Office, we stand by our clients in the field of inheritance law and provide a solution-oriented service within the framework of the rule of law and the principles of justice. Our office provides legal advice and representation by lawyers across a wide range, from obtaining a certificate of inheritance to actions for abatement, and from the annulment of a will to the renunciation of inheritance. The most appropriate legal strategies are determined in line with our clients' interests, taking into account the specific dynamics of each file. You may contact YBS Hukuk | Adana Law Office to obtain detailed information about legal processes or to obtain advice on a matter in the field of inheritance law. We would like to remind you once again that legal steps taken correctly and in good time are the key to reaching a fair outcome, and that professional legal representation plays a critical role in this process.Inheritance Law: Comprehensive Information
We protect your rights in actions concerning the division of the inheritance, the simulated transaction by the decedent (concealment of assets), abatement, the annulment of a will and the renunciation of inheritance, drawing on the current case law of the Court of Cassation. As an Adana inheritance lawyer, we determine litigation strategy within the framework of the inheritance provisions (Art. 495-682) of Turkish Civil Code No. 4721.
Our Services in the Field of Inheritance Law
- Actions concerning the simulated transaction by the decedent (concealment of assets) | cancellation of title deed and registration
- Actions for abatement | infringement of the reserved portion
- Actions for the annulment of a will
- Renunciation of inheritance procedures
- Action for partition of the inherited co-ownership (izale-i şuyu)
- Obtaining a certificate of inheritance (veraset ilamı)
- Actions to set aside dispositions (actio Pauliana, tasarrufun iptali davası)
- Actions for recovery of the inheritance (hereditatis petitio, miras sebebiyle istihkak davası)
- Drafting and reviewing contracts of inheritance
- Advice on drafting a will
- Issuing a certificate of inheritance (mirasçılık belgesi, veraset ilamı)
- Determination of the estate and inventory procedures
Important Time Limits in Inheritance Cases: Our View as an Adana Inheritance Lawyer
In inheritance cases, limitation periods differ depending on the type of action. Under TMK No. 4721: in an action for abatement, the limitation period is 1 year (from the date of learning) and, in any event, 10 years. The period for the renunciation of inheritance is 3 months from the death (TMK Art. 606). In actions based on a simulated transaction by the decedent (cancellation of title deed), on the other hand, there is no limitation period. Since losses of rights may occur if these periods are missed, it is very important that you consult an Adana inheritance lawyer without losing time in an inheritance dispute. As an Adana inheritance lawyer, we carry out comprehensive research of evidence, particularly in actions based on a simulated transaction by the decedent, to establish the true intention of the person leaving the inheritance. We meticulously conduct processes such as gathering witness statements, assessing whether the sale price corresponds to the market value and examining the financial situation of the parties. For persons wishing to file an inheritance action in Adana, we analyse the strengths and weaknesses of the file at the first meeting and propose a litigation strategy. As an Adana inheritance lawyer, we also offer advice on drafting wills. Full compliance with the formal requirements of each type of will, whether handwritten, official or oral, is mandatory for the validity of the will. In actions for the annulment of a will, on the other hand, we examine meticulously grounds for annulment such as incapacity, defects of consent, formal defects and unlawfulness. Those looking for an inheritance lawyer in Adana can also obtain support from our office on inheritance planning and the management of the estate.Recent Court of Cassation Decisions: Inheritance Law
The Simulated Transaction by the Decedent and the Intention to Divide Among the Heirs
"Ortak muris ...'ün sağlığında davacı dahil tüm çocuklarına yer verdiği, bu hususun ortak muris ...'in paylaştırma iradesini gösterdiği gerekçesiyle davanın reddine... kök muris ...'ün hem kendi adına hem de... diğer üç çocuğu adına yapılan müstakil taşınmaz tespitlerinin kök murisin paylaşım iradesini gösterdiği..."
Unofficial translation
"On the ground that the common decedent ... allocated property during their lifetime to all of their children, including the claimant, and that this showed the intention of the common decedent ... to divide the estate, the dismissal of the action... the separate determinations of immovable property made by the root decedent ... both in their own name and... in the name of the other three children showed the root decedent's intention to divide..."
- Court of Cassation, 1st Civil Chamber, E. 2023/5853, K. 2024/6161, dated 12.11.2024
In inheritance law, the strongest defence against allegations of a "simulated transaction by the decedent" (muris muvazaası, concealment of assets) is that the decedent made a fair division (taksim) among all the heirs during their lifetime. Where the decedent's intention to divide exists, the Court of Cassation accepts that the transaction is not simulated but intended as a gift or division, and dismisses claims for cancellation of the title deed.
Fixed Abatement Ratio and Deduction of the Reserved Portion in the Abatement Calculation
"Hükme esas alınan bilirkişi raporunda davalının saklı payı mahsup edilmeden ve sabit tenkis oranı bulunmadan tenkis hesabı yapıldığı görülmektedir... yanılgılı değerlendirme ve eksik inceleme ile yazılı şekilde hüküm kurulması doğru değildir."
Unofficial translation
"It is seen that, in the court-appointed expert report on which the judgment was based, the abatement calculation was made without deducting the respondent's reserved portion and without determining the fixed abatement ratio... it is not correct to render a judgment in the written form on the basis of an erroneous assessment and incomplete examination."
- Court of Cassation, 1st Civil Chamber, E. 2014/4351, K. 2015/3639, dated 17.03.2015
Actions for abatement are proceedings that require technical calculations. In calculations made under TMK Art. 560-571, where the respondent is also an heir, it is mandatory to protect the respondent's reserved portion and to comply with the principle of the "fixed abatement ratio". As an Adana inheritance lawyer, we review mathematical errors in court-appointed expert reports in light of this case law.
Actual Renunciation of Inheritance and the Competent Court
In its decision E. 2021/7001, K. 2022/5973 dated 17.10.2022, the 7th Civil Chamber of the Court of Cassation determined the competent court for a request for the actual renunciation of inheritance as follows:
"Türk Medeni Kanununun 609. maddesi uyarınca, mirasın gerçek reddi isteminde görevli mahkeme, sulh hukuk mahkemesidir... Terekenin borca batık olduğunu belirtmek mirasın hükmen reddi istemi olarak anlaşılamaz. ... Yukarıda açıklanan nedenlerle talep eden vekilinin temyiz itirazlarının kabulü ile hükmün BOZULMASINA, peşin yatırılan harcın yatırana iadesine, 17.10.2022 tarihinde oy birliği ile karar verildi."Unofficial translation
"Pursuant to Article 609 of the Turkish Civil Code, the competent court for a request for the actual renunciation of inheritance is the civil court of peace... Stating that the estate is insolvent cannot be understood as a request for the deemed renunciation of inheritance. ... For the reasons explained above, it was decided unanimously on 17.10.2022 to accept the objections of the counsel for the applicant in the appeal to the Court of Cassation and to REVERSE the judgment, and to return the court fee paid in advance to the person who paid it."
Commentary by Av. Y.B. SEVDİ: The competent court for applications for the actual renunciation of inheritance made within the 3-month period running from the death (TMK Art. 606) is the Civil Court of Peace. There is no need to name the creditors as opposing parties. Monitoring the peremptory period is of vital importance in the renunciation of inheritance.
Formal Requirements for the Wills of Persons Who Cannot Read or Write
"Mirasbırakan vasiyetnameyi bizzat okuyamaz veya imzalayamazsa, memur vasiyetnameyi iki tanığın önünde ona okur... tanıklar, hem mirasbırakanın beyanının kendi önlerinde yapıldığını ve onu tasarrufa ehil gördüklerini... beyan ettiğini vasiyetnameye yazarak veya yazdırarak altını imzalarlar."
Unofficial translation
"If the testator cannot personally read or sign the will, the official reads the will to them in the presence of two witnesses... the witnesses sign below, having written or had written on the will that the testator made the declaration in their presence and that they considered the testator to have capacity to dispose..."
- Court of Cassation, 7th Civil Chamber, E. 2023/2399, K. 2024/2568, dated 13.05.2024
Commentary by Av. Y.B. SEVDİ: Under TMK Art. 535, the official wills of persons who cannot read or write are subject to strict formal requirements. The slightest omission of a word in the witnesses' declarations is a ground for annulment of the will. However, in current case law, the intention of 'keeping the will in force' is also being discussed.
| Type of Action | Limitation Period | Legal Basis |
|---|---|---|
| Simulated Transaction by the Decedent (Concealment of Assets) | NO Limitation Period | Decision on the Unification of Case Law (İBK) of 01.04.1974 |
| Action for Abatement | 1 year from the date of learning / 10 years in any event | TMK Art. 571 |
| Annulment of a Will | 1 year from the date of learning / 10 years in any event | TMK Art. 559 |
| Renunciation of Inheritance | 3 months from the date of death | TMK Art. 606 |
| Recovery of the Inheritance (Miras Sebebiyle İstihkak) | 1 year from the date of learning / 10 years in any event | TMK Art. 638 |
Adana Inheritance Lawyer | Estate Management and Inheritance Planning
As an Adana inheritance lawyer, we guide our clients through the processes of determining the estate, keeping the inventory and managing the estate. We provide legal support in reaching settlement among heirs, the consensual liquidation of the community of heirs and the preparation of amicable division protocols. Resorting to mediation or a settlement attempt before turning to litigation in inheritance disputes may provide clients with advantages in terms of both time and cost. We also offer inheritance planning advice to those looking for an inheritance lawyer in Adana; you can obtain professional support on drawing up a will, preparing a contract of inheritance and calculating the reserved portion. For the most frequently asked questions and answers in the field of inheritance law, visit our Adana Inheritance Law Frequently Asked Questions page.Adana Inheritance Law Lawyer: Frequently Asked Questions
When should you consult an Adana inheritance law lawyer?
When any dispute concerning the inheritance arises after the death of the person leaving the inheritance (for example, concerning the division of the inheritance, the validity of a will or an infringement of the reserved portion), it is necessary to consult an Adana inheritance law lawyer without losing time. Legal advice sought early helps to prevent losses of rights and to manage the process correctly. There are also short peremptory periods, such as that for the renunciation of inheritance.
How long do inheritance actions take?
The duration of inheritance actions varies depending on the type of action, its complexity, the process of gathering evidence and the workload of the court. While simple certificate of inheritance cases are concluded in a shorter time, contested actions such as the division of property or the annulment of a will may take longer. Although it is not possible to give a definite duration on this matter, professional legal support from an Adana inheritance law lawyer may help to speed up the process.
Can an inheritance be renounced?
Yes, an inheritance can be renounced in situations such as where the debts of the person leaving the inheritance exceed their assets or where the heir does not wish to accept the inheritance. The renunciation of inheritance is made by applying to the Civil Court of Peace within three months of learning of the death of the person leaving the inheritance. This period is peremptory in nature, and if it is missed, the inheritance is deemed to have been accepted. An Adana inheritance law lawyer can guide you through this process.
How is a certificate of inheritance (veraset ilamı, mirasçılık belgesi) obtained?
A certificate of inheritance (veraset ilamı or mirasçılık belgesi) is an official document showing the heirs' status as heirs and their inheritance shares. This document may be requested from the Civil Court of Peace at the place where the succession opened or from a notary. The certificate of inheritance is necessary to prove heirship and to carry out inheritance procedures.
Our Client Bilal S. Asked: Are Debts Also Passed On by Inheritance?
Yes, upon the death of the person leaving the inheritance, not only their assets but also their debts pass to the heirs. The heirs are jointly and severally (together) liable for the debts of the estate. In this case, an heir who pays the debt has a right of recourse against the other heirs. Where the debts are high, the option of the renunciation of inheritance should be considered. If you believe that the debts of the person leaving the inheritance exceed their assets, it is also possible to file, with support, an action for the determination of the estate.
What is the reserved portion and which heirs are entitled to a reserved portion?
The reserved portion is the minimum inheritance share to which statutory heirs are entitled by law despite the freedom of disposition of the person leaving the inheritance. Under the parentela system in the Turkish Civil Code, descendants (children, grandchildren), the mother, the father and the surviving spouse are among the heirs entitled to a reserved portion. Where dispositions of the person leaving the inheritance infringe the reserved portion, heirs entitled to a reserved portion may claim their rights by filing an action for abatement.
Our Client Ali Y. Asked: Do Gifts Made by the Decedent During Their Lifetime Affect the Inheritance?
Gifts made by the person leaving the inheritance during their lifetime may, under certain conditions, infringe the heirs' reserved portions. Such gifts may be the subject of an action for abatement and may lead to a recalculation of the inheritance in order to protect the rights of heirs entitled to a reserved portion. Transactions intended to conceal assets, known as a simulated transaction by the decedent, may also be annulled through actions for cancellation of title deed and registration.
Is the Adana Bar Association's free lawyer service available for inheritance cases?
Through its Legal Aid Office (Adli Yardım Bürosu, the bar association office that assigns a lawyer free of charge to persons who cannot afford one), the Adana Bar Association may provide free legal services by a lawyer to persons whose financial situation does not allow them to hire a lawyer. Inheritance cases may also be assessed within this scope. However, in order to benefit from this service, certain conditions must be met and an application must be made to the Legal Aid Office with the necessary documents. This offers an important opportunity for those looking for a free lawyer from the Adana Bar Association.
Where can the telephone numbers or contact details of lawyers in Adana be found?
The most reliable source for reaching lawyers' current contact details is the bar roll section on the official website of the Adana Bar Association or on the website of the Union of Turkish Bar Associations. These platforms provide reliable and lawful access for "Adana Bar Association lawyer search" queries. It is also most appropriate to access information such as the telephone numbers of Adana lawyers, the contact details of an Adana Inheritance Lawyer or Adana lawyer numbers through these same lawful platforms.
What is disinheritance (the exclusion of an heir, ıskat)?
Disinheritance (ıskat) is the deprivation, by the person leaving the inheritance through a disposition upon death (a will or a contract of inheritance), of an heir entitled to a reserved portion of their right of inheritance. It is based on just causes specified in the law, such as the heir having committed a serious offence against the person leaving the inheritance or their relatives, or having substantially failed to fulfil their obligations arising from family law. An action for the annulment of the disinheritance disposition may be filed against this transaction.
What is the fee of an "Adana inheritance lawyer" in 2026?
It is determined, on a proportional or fixed basis, according to the subject of the action (cancellation of title deed, abatement, etc.) and the value of the estate, on the basis of the Adana Bar Association tariff.
Does an adopted child become an heir?
Yes. An adopted child and their descendants become heirs of the adoptive parent in the same way as blood relatives. They also continue to inherit from their own biological family.
Can a life-long maintenance contract be terminated?
If the maintenance debtor does not fulfil their duty, the decedent may terminate the contract. Heirs may also file an action for abatement if their reserved portions have been infringed.
How many days is the period for the renunciation of inheritance?
It is 3 months from the date on which the death of the decedent was learned. This period is peremptory. However, if the estate is insolvent, the period does not run (Deemed Renunciation, Hükmen Red).
In an action for partition (izale-i şuyu), can one of the heirs buy the house?
Yes. Heirs may also take part in the sale auction. It may even be requested from the court that the sale be held 'only among the heirs' (with the consent of all the co-owners)
What are the "Reserved Portion" ratios?
For descendants (children), it is half (1/2) of the statutory inheritance share; for the surviving spouse, although it varies depending on the parentela situation, it is generally the whole or 3/4 of the statutory share.
How long does an inheritance action take in Adana?
Actions concerning a simulated transaction by the decedent and actions for abatement take on average between 2 and 3 years in Adana because of the gathering of evidence and examinations by court-appointed experts. This excludes the appeal (istinaf) process.
Is disinheritance (Iskat) possible?
Yes. Under TMK Art. 510, if the heir has committed a serious offence against the decedent or their relatives, or has substantially breached family obligations, the decedent may disinherit them by will.
Can a person who has renounced the inheritance receive the retirement pension of the person whose inheritance they renounced?
Yes. Retirement pensions and widows' and orphans' pensions are not part of the estate; they are social security rights. The renunciation of inheritance does not prevent these pensions from being received.
My father sold the house to my sibling; can I get it back?
Yes. If this transaction is a 'Simulated Transaction by the Decedent' (concealment of assets from the inheritance), you can recover your inheritance share by filing an action for cancellation of title deed and registration. Whether the sale was genuine is investigated.
Can all assets be left to one person by a will?
No. The decedent may draw up a will as they wish but cannot infringe the 'Reserved Portion' rights of their descendants (children) and spouse. If they do, the excess is recovered through an action for abatement.
Where is a certificate of inheritance (veraset ilamı, mirasçılık belgesi) obtained?
It may be obtained from notaries or from the Civil Courts of Peace. If there is a gap in the civil registry records or a foreign element, the notary does not issue it and it is necessary to go to court.
Is tax paid on an inherited car?
Yes. For an inherited vehicle or real property to be registered in your name, an 'Inheritance and Gift Tax' return must be filed and the tax paid (settlement of tax liability).
Does a stepmother receive a share of the inheritance?
If she was officially married to your father, she is an heir in her capacity as the statutory spouse and receives 1/4 of the inheritance (if she inherits together with children; this is where the parentela calculation comes into play). If there was no official marriage, she has no right of inheritance.
