TURKISH INHERITANCE LAW
Turkish inheritance law is the part of Civil Law that regulates the fate of the assets after the death of a person. Turkish inheritance law forum is the parental system to distribute property. If the deceased does not make a will or otherwise do not provide for the distribution of their estate at death, it will be distributed to her/his inherit among their next of kin.
If the deceased person did not leave his legacy to anyone, the inheritance is shared among the legal heirs.
What is the Law Code of Turkish Inheritance Law in Turkey
The right to inheritance has been constitutionally guaranteed by Article 35 of the Constitution. ‘Everyone has the right to property and inheritance.’
In accordance with Article 5 of the Turkish Civil Code, the general provisions of the Civil Code and the Code of Obligations shall apply to the events related Inheritance Law in Turkey.
Turkish property inheritance Laws are arranged as a department in the Turkish Civil Code No. 4721.
The general provisions of the Code of Obligations No. 6098 may apply in the cases related to the Inheritance Law.
Furthermore, it is possible to apply the relevant provisions of the Land Registry Law to the cases related to the inheritance.
What does Turkish Inheritance Lawyer do ?
In Turkish inheritance law, the inheritance does not go directly to the heirs. Turkish inheritance lawyer looks at many cases about inheritance law. It is possible to consider these cases as follows;
– Deed cancellation case,
– Rejection of inheritance case,
– The case of dissolution of the partnership,
– The cancellation case of inheritance certificate.
Can a Foreigner Make a Will in Turkey?
Therefore, if the deceased person does not make a will in Turkey, he / she passes the assets on to the legal heirs.
Who are the legal heirs?
– Blood relatives
– Adopted child, descendants
– Surviving spouse
The deceased may dispose of only the part of the assets that does not interfere with the reserved shares of the legal heirs.
Making a Will in Turkey
In order to be able to mention a valid will in accordance with the Turkish legal system, it is necessary to comply with certain procedural and formal requirements. First, only a person who has these characteristics may make a will in Turkey; have the power to distinguish and be 15 years of age. The will may be made in three ways;
– Making a official will,
– Making a hand written will,
– Making a verbal will.
The official will shall be performed with the participation of two witnesses in the presence of a notary.
Hand written will must be written in person’s own handwriting from beginning to end, the day/month/year must be written in handwriting and the inheritance must has the person’s own signature.
Verbal will is rarely seen. In order for this will to be valid, first of all, the inheritor must be in an extraordinary situation such as near death hazard, transportation cut, disease, and war. If the foreigner who regulates the will, the notary sends this will to the Notaries Union and conveys it to the state of the foreigner records through the Ministry of Foreign Affairs.
Topo Law Firm’s Turkish Inheritance Law Services in Turkey
We are a team of professional Turkish lawyers producing creative solutions. We aim to provide quality service to our clients in the shortest time possible. Our focuses on providing smart legal strategies that accomplish individual goals. We look at each case from a variety of angles and create special plans that account for the many paths a matter may take. We offer holistic solutions to your specific matter. Our Law Office has clients almost from all countries of the world.
Regarding inheritance law, we provide consultancy services:
– Determination of the remaining heritage,
– Conducting negotiations on sharing of heritage with other heirs.
In the case of inheritance cases, the most common type of case is the lawsuits that must be opened because of the inheritance does not distribute fairly and evenly among the heirs. We are conducting court proceedings regarding equal and fair distribution of inheritance.
The inheritance lawyer for the case of inheritance also provides legal advice and litigation for the following transactions;
-Making a will,
-Cancellation of will,
-Regulation of agreement to refuse the heritage,
-Regulation of contract to look until death.