Inheritance Distribution with 12 Critical Questions

Inheritance Distribution with 12 Critical Questions. With the death of a family member, for the ones who have been left behind, both an emotional grieving process is starting and the question of how the inheritance will be shared is coming to the agenda. Inheritance distribution is not only a transfer of assets, but it is also being accepted as a sensitive process where family relations and legal rights are being intertwined in a complex manner. In the Turkish Civil Code, to whom, how much, and at what rate the inheritance will be left has been regulated clearly. However, the not knowing of these rules can often lead to conflicts and legal disputes. In this article, by giving answers to the 12 critical questions that are being asked most frequently about inheritance law, the basic principles of inheritance distribution, the legal heir system, and how rights will be protected will be examined in a comprehensive manner.

1. Who is the Testator and What Does Inheritance Express in a Legal Sense?

The testator (mourner) is the person who has passed away and has left assets behind. Inheritance is comprising all of the asset rights and debts that are being passed to the heirs with the death of the testator. The fact that the inheritance is including both assets (belongings, property, receivables) and liabilities (debts) is meaning that heirs are also being held responsible for these obligations.

2. According to Which Legal Principle is Inheritance Distribution Being Done?

In the Turkish Civil Code, inheritance is being distributed according to a principle called the “class system.” In this system, heirs are being separated into three groups (classes) and as long as an heir is being found in a higher class, the inheritance is not being passed to lower classes.

• First Class (Descendants): It is the testator’s children and their descendants (grandchildren). As long as an heir is being found in the first class, the inheritance is not being passed to lower classes. Children are receiving an equal share.
• Second Class (Mother and Father): When the testator’s descendants are not being found, the inheritance is being passed to the testator’s mother and father. If one of the mother and father is not alive, their share is being passed to their descendants (the testator’s siblings and nephews/nieces).
• Third Class (Grandfathers and Grandmothers): When the testator’s first and second class heirs are not being found, the inheritance is being passed to the grandfathers and grandmothers and their descendants.

3. How Are Inheritance Shares Being Determined?

The inheritance shares of legal heirs are being determined according to their degree of kinship with the testator.

• If the testator has one child: The entire inheritance is being left to the single child.
• If the testator has more than one child: The inheritance is being shared equally among the children.
• If a child of the testator has passed away: The share of the deceased child is being shared equally among their descendants (grandchildren).

4. What is the Place of the Surviving Spouse in Inheritance Law?

Inheritance Distribution with 12 Critical Questions. The spouse who is alive at the moment of the testator’s death has a special position as a legal heir. The inheritance share of the surviving spouse is being dependent on with which class the inheritance is being shared.

• Together with descendants: The spouse is receiving one-fourth (1/4) of the inheritance. The remaining three-fourths (3/4) is being shared equally among the children.
• Together with the Mother and Father Class: When the testator’s descendants are not being found, the spouse is receiving one-half (1/2) of the inheritance. The remaining half is being passed to the mother and father or their descendants (siblings).
• Together with the Third Class: The spouse is receiving three-fourths (3/4) of the inheritance. The remaining one-fourth (1/4) is being passed to the third class heirs.
• Being an heir alone: If no other legal heir of the testator is being found, the entire inheritance is being left to the surviving spouse.

5. What Do the Concepts of Reserved Portion and Reduction Lawsuit Express?

The reserved portion is the right of certain heirs determined by law that the testator cannot freely dispose of with a will. This right is being found for descendants (children, grandchildren), mother, father, and the surviving spouse.

• Disposable Portion: It is the part that the testator can distribute as they wish with a will, which is remaining outside of the reserved portions.
• Reduction Lawsuit: It is a lawsuit that can be filed by heirs whose reserved portion has been violated. With this lawsuit, the invalidation of wills or donations (dispositions upon death) that are damaging the reserved portion is being ensured.

6. What are the Renunciation of Inheritance and Inheritance Waiver?

An heir has the right to renounce the inheritance to avoid being responsible for the testator’s debts or legal responsibilities.

• Renunciation of the Inheritance: An application about the renunciation of the inheritance is being made to the civil court of peace within three months from the death of the testator. This renunciation declaration is meaning the heir’s giving up all of their rights and obligations on the inheritance.
• Inheritance Waiver Agreement: It is an official agreement that is being made between the testator and an heir for the heir to give up the share they will receive from the inheritance while the testator is still alive. This agreement is increasing the share that the testator can freely dispose of.

7. For What Purposes are a Will and an Inheritance Agreement Being Prepared?

A will and an inheritance agreement are legal documents that are being used to ensure that the testator’s assets are being distributed in a way that is different from legal heirship rules.

• Will: It is being prepared with the unilateral declaration of the testator’s will. It is required for a form (handwritten or in the presence of a notary) to be complied with.
• Inheritance Agreement: It is a bilateral agreement that is being made between the testator and an heir or a non-heir person. It is mandatory for it to be made in the presence of a notary.

8. When is an Inheritance Distribution Lawsuit Being Filed?

When a conflict about how the inheritance will be distributed is arising among the heirs, a legal way must be applied to for the inheritance to be distributed lawfully. In this situation, an inheritance distribution lawsuit is being filed. The inheritance distribution lawsuit is also being known as a lawsuit for the removal of partnership.

9. The Importance of Legal Counseling in Inheritance Distribution

Inheritance Distribution with 12 Critical Questions. Inheritance distribution is containing complex legal processes. The smallest mistake that will be made in this process can cause serious losses of rights. Legal counseling being taken from a lawyer is helping for legal periods not to be missed, rights to be protected correctly, and heirs to reach a common solution.

10. The Lawsuit for the Invalidation of Dispositions Upon Death

When dispositions upon death such as a will or an inheritance agreement made by the testator are being thought to be unlawful, a lawsuit for the invalidation of these dispositions can be filed. This lawsuit is a way that is often being applied to in situations where the reserved portions of heirs have been violated or the will has not complied with formal conditions.

11. The Most Common Mistakes Made in Inheritance Distribution

A lack of knowledge about inheritance law is causing heirs to suffer a loss of rights. The most common mistakes are:

• The inheritance being accepted without it being investigated whether it is indebted or not.
• Legal periods (especially the three-month period for the renunciation of inheritance) being missed.
• Legal ways not being applied to in situations where the reserved portion has been violated.
• The inheritance not being solved with a legal distribution lawsuit, but with consent.

12. The Gaining of Inheritance and Title Deed Procedures

The gaining of an inheritance is occurring by itself with the death of the testator. However, heirs must complete legal processes (certificate of inheritance, division of inheritance, and title deed registration procedures) to register their rights over the inheritance.

Inheritance distribution is an important legal process that is ensuring the assets of a person’s entire life savings are being transferred to their legal heirs in a fair manner. The knowing of basic concepts such as the class system in the Turkish Civil Code, legal inheritance shares, the reserved portion, and the renunciation of inheritance is of vital importance for the prevention of possible conflicts and the best possible protection of the rights of heirs. Although the process is being seen as complex, it can be possible for this process to be completed in a fair and problem-free manner by taking legal counseling.