Inheritance law governs to whom, and in what shares, a person's estate passes upon their death. Our firm acts in Ankara in matters concerning certificates of inheritance, transfer of title deeds to heirs, abatement (tenkis), sham transfers by the deceased (muris muvazaası) and partition actions. Heirs of foreign nationality who own real estate in Türkiye are also represented in this context.
The Turkish Civil Code (TMK) regulates statutory inheritance according to a system of parentelae (classes of heirs). Descendants form the first class; where there are no descendants, the estate passes to the parents and their descendants. The surviving spouse's share varies depending on the class of heirs with whom they inherit. The certificate of inheritance (veraset ilamı), obtained to identify the heirs, is issued by a notary or by the civil court of peace. If the certificate is thought not to reflect the true position, its annulment may be sought.
To register inherited real estate in the names of the heirs, an application is made to the land registry office. The property cannot be disposed of until the transfer has been completed. If one of the heirs refuses to cooperate, it may be necessary to bring legal proceedings.
Where the deceased, in order to deprive their heirs of assets, actually donated a property but recorded it at the land registry as a sale, this is known as muris muvazaası. Heirs whose reserved shares have been infringed may bring an action for cancellation of the title deed and re-registration. In these cases, the deceased's true intention is assessed by criteria such as the difference between the sale price and the value of the property, the financial circumstances of the parties and local custom.
The law guarantees certain heirs a minimum share of the estate that cannot be taken from them. If gifts or dispositions made by the deceased during their lifetime impair this share, heirs with reserved shares may bring an action for abatement (tenkis davası) to have the disposition reduced to the statutory limit. The action is subject to specific time limits.
Where the estate is insolvent, the heirs may renounce the inheritance. Renunciation requires an application to the civil court of peace within the period prescribed by law; missing this period results in the inheritance being deemed accepted unconditionally.
Where co-owners of property held in shared or joint ownership cannot reach agreement, a partition action is brought. The court considers whether the property can be divided in kind; if not, it orders division through sale. In these disputes, applying to a mediator before filing the action is a mandatory precondition.
Dispositions upon death are subject to formal requirements. Where the formal requirements are not met or the testator lacked capacity, annulment of the will may be sought.
Heirs may request a determination of the estate in order to establish its scope. If there is doubt as to whether the estate is insolvent, an official inventory may be requested so that a better-informed decision can be made on accepting or renouncing the inheritance. During the inventory period, the heirs' dealings with the estate are restricted.
Gratuitous benefits given by the deceased to their descendants during their lifetime are, unless stated otherwise, deemed to have been made as an advance on their share of the inheritance and are subject to equalisation upon distribution. Equalisation is an institution aimed at ensuring equality between heirs and is distinct from abatement.
The deceased may disinherit an heir with a reserved share where one of the serious grounds listed in the law exists. Disinheritance is made by a disposition upon death, and the ground must be clearly stated. Annulment of the disinheritance may be sought on the claim that the ground is untrue.
Until distribution, the heirs hold the estate in joint ownership and dispose of it together. Where an heir transfers their share to a third party, the transferee does not join the community of heirs but only acquires the right to claim a share upon distribution. Transfer agreements between heirs are subject to formal requirements.
Where the deceased or the heirs are foreign nationals, or the estate includes assets abroad, the applicable law is determined by the rules of private international law. Turkish law applies to real estate located in Türkiye. Certificates of inheritance issued by a foreign court may require recognition proceedings before they can be used in Türkiye.
After the testator's death, the will is opened by the civil court of peace and read to the persons concerned. If no objection is raised within a certain period from notification, the will becomes final. If an executor has been appointed, the administration of the estate is carried out by that person.
