Law of Inheritance
Frequently Asked Questions
What is the Testator Collusion Case?
Collusion, [muvazaa in Turkish], is the situation where the parties pretend to have made a transaction that does not really exist or they take a different legal action behind the transaction they have made. In practice, collusion is mostly seen in inheritance law. Parties can resort to this method to acquire goods from legal heirs. For example, the inheritor may acquire goods from other heirs by actually donating it by pretending to sell one of his/her immovables to one of his/her heirs. If this situation interferes with the reserved share, the cancellation of the transaction can be requested.
Can an "Oral Will" Be Made?
If the legator is unable to make an official or handwritten will due to extraordinary circumstances such as imminent danger of death, interruption of transportation, illness, war, he/she can make an oral will. The legator tells his/her will to two witnesses and the witnesses put these demands in writing. Witnesses sign the will and submit it to the magistrate or civil court of first instance.
What is the Dissolution of Partnership [İzale-i Şuyu] Case?
The lawsuit for dissolution of partnership is a lawsuit demanding the distribution of the movable or immovable owned jointly or jointly by the partners. Sharing requests cannot be made at an inopportune time.
What is a Certificate of Inheritance?
A certificate of inheritance is a document that is given by the competent authorities upon the request of the heirs and provides proof of the title of heir. The certificate of inheritance can be issued from the magistrate's court, notary public or via e-government.
What is the Case of Determination of Assets?
It is a lawsuit filed for the determination of all assets in the inheritance of the inheritor with their assets and liabilities.
The liabilities that must be removed from the assets of the inheritor are as follows:
- Debtor's debts
- Funeral expenses
- Expenses incurred for the stamping and writing of the estate by the court
- 3-month living expenses of individuals living with the legator
Inheritance law is the branch of civil law that deals with the transfer of all kinds of rights and debts of the deceased or the person about whom a decision of absence has been made, to the heir.
With death, inheritance becomes available. In inheritance sharing, the person who owns the inheritance is called the inheritor. The person who becomes the testator is the owner of the inheritance.
While the division of property is made, the division of property starts from the 1st degree in accordance with the order determined in the law. If the person leaving the inheritance does not have a 1st degree heir, 2nd, 3rd or 4th degree heirs are sought respectively. Regardless of the degree to which each part of the inheritance is shared, the spouse of the inheritor continues to receive the right at the same rate. In other words, the spouse of the inheritor is never deprived of rights. He/she always gets his/her right in the division of property at the rate specified in the law.
According to the inheritance law, the legal inheritance rights are, in order, spouse, children, descendants, descendants of the person and descendants of the parents, descendants of the grandparents, children out of wedlock, adopted children and persons with lower lineage. If the inheritor has a child born out of wedlock or a child that heshe did not take into the civil registry, they also have the right of equally shared inheritance like other children with blood ties.
If the inheritor does not leave his/her legacy to anyone in any way, or if there is no descendant that can inherit, the inheritance is legally inherited by the state.
Demir Law Firm aims to provide effective, fast, economical and solution-oriented services by protecting the interests of its clients in the field of Inheritance Law.
Demir Law Firm provides legal services to its clients on the following matters regarding the Inheritance Law:
- Preparation of wills and other testamentary dispositions,
- Cases for obtaining and canceling the inheritance certificate,
- The case of annulment of the will,
- Testator collusion cases,
- Cases of deprivation of inheritance,
- Preparation of inheritance contracts,
- Cases for obtaining and canceling the inheritance certificate,
- Inheritance disclaimer case,
- Preparing a lifelong support contract,
- Resolution of all kinds of disputes arising from the law of inheritance.