Inheritance is the property, money and debts left behind by the deceased.

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Inheritance law, on the other hand, is the branch of law that explains how this remaining estate will be shared among the heirs. Lawyers who provide legal support in the fields of inheritance law and act as attorneys in disputes are called inheritance lawyers.

 

Legal Heir and Designated Heir

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There are two types of heirs in our law: the appointed heir and the legal heir.

Legal heirs are the heirs stipulated by the law, which the legator cannot appoint with an inheritance contract or will. According to our law, the child of the deceased who was conceived in the womb is an heir just like his other children. In other words, for the child to be an heir, it is enough to fall into the mother's womb.

 

Legal heirs consist of 3 groups:

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1. Cluster: The descendants of the legator (children, grandchildren, great-grandchildren...)

2. Cluster: Mother, father, brother, nephews, nephews' children, nephews' grandchildren...

3. Group: Grandfather, grandmother, their children (uncle, aunt, uncle), their grandchildren (cousins), cousins…

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The state is also the heir of the first class. While the inheritance is shared, it is acted according to the order of the clan and only if there is no one in a group, the next group is passed.

The appointed heir is the person who the deceased appoints before his death, determined by a will or an inheritance contract.

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What is Reserved Share?

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The system envisaged by our Civil Code is called a reserved share, so that the legator cannot dispose of the estate as he wishes and there is no unjust interference with the shares of the people who have the right to inherit.

 

The inheritor can dispose of his property as he wishes, provided that these reserved shares are not touched. However, in various situations, it may interfere with the shares of the hidden shareholders. These situations are:

 

• If the hidden shareholder commits a serious crime to the legator or their relatives

• Failure of the hidden shareholder to fulfill his family law obligations to the legator or his family

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If one of these two situations has occurred, the inheritor can remove the hidden shareholder from the heirship. The person who has lost his reserved share; If the legator is justified in the grounds of expulsion, he cannot demand his share and open a lawsuit for criticism.

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Denial of Inheritance

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Heirs can reject this inheritance within 3 months after learning that they are heirs. For this, it is necessary to submit a statement of rejection to the Civil Court of Peace. If the deceased's debts are more than his assets, the inheritance is considered to be rejected by itself; In this case, the person who will accept the inheritance must also declare that he accepts the inheritance.

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If the inheritance is denied and the deceased is in a state of bankruptcy, the magistrate's court liquidates the inheritance and pays the debts of the person; If the assets remain after the debts are paid, the remaining portion is divided among the heirs regardless of the rejection of the inheritance.

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Proof of Succession

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This document, also called the inheritance document, shows the determination of the heirs and how the inheritance will be distributed. The certificate of inheritance, which could only be obtained from the magistrates' courts, has become a document that can also be obtained from the notary with the latest law amendment. The certificate of succession proves that you are the rightful owner and allows you to dispose of your share of the estate. The person who has received a certificate of inheritance is in a position to pay the inheritance and gift tax.

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Any of the heirs can apply for the certificate of succession, not all of them need to apply.

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Inheritance Right of Adoption

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The adopted person is considered a lower lineage just as if he has a lineage, he is from the first class and has a hidden share.

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Inheritance Right of a Child Born Out of Wedlock

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The child born out of wedlock and has a lineage relationship with the father is the legal heir.

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How much is the spouse's inheritance right?

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• The inheritance share of the surviving spouse of the deceased is one-fourth of the inheritance if they have children.(1/4)

• If there are no children and the descendant of the inheritor is alive; spouse's share of inheritance is half of the inheritance. (1/2)

• If the descendant and upper lineage of the inheritor are not alive and the 3rd class is alive, the spouse's inheritance share is three-quarters of the inheritance. (3/4)

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The divorced spouse does not have the right to inherit. If the person dies while the divorce case is in progress; spouse has the right to inherit.

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How to Prepare a Will?

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Wills can be prepared in three ways:

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• Verbal

• Written

• Officially

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An oral will is valid only when there is no other possibility and must be made to at least 2 witnesses.

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Written will is a will prepared and signed by one's own handwriting.

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An official will is a will approved by a notary public or a magistrate's court.

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A lawyer must be consulted in order to avoid legal problems in the will and to avoid situations that may cause problems in the future.

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Heritage Lawyer

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You should get help from an inheritance lawyer who is an expert in every subject that falls under the field of inheritance law and requires legal support. Inheritance lawyers work for the legal interest of their client in disputes arising from inheritance. Apart from this, it also provides consultancy services on issues that require legal advice such as wills and wills.

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As Attorney Selcuk Akyol Law and Consultancy Office, we offer our expert inheritance lawyers to your service in all your problems in the field of inheritance law.

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