Inheritance Law

What is inheritance law?




Inheritance law is the branch of law that regulates to whom and how the assets of the real person will be transferred in case of death or disappearance.


How many types of heirs are there?

There are two types of heirs, legal and appointed.

What is Terek?

Assets that are not dependent on the person and can be passed on to heirs are called estates.

Who are the appointed heirs?

They are the heirs who have the right to be heirs with the will of the legator, although the legally inheritor is not the heir.

What is the scale system?

The group (degree) system has been accepted in the Turkish Civil Code, and it is necessary to be a member of a group in order to be a legal heir. Presence of an heir in the previous clan prevents the inheritance of the next clan. Likewise, the clan and root head prevent the inheritance of the lower lineage.

Who are the first degree (group) heirs?

The first degree heirs of the legator are his descendants. In other words, the children, grandchildren and subsequent ones of the inheritor are unlimited heirs. Children are equally heirs. Children who died before the heir are replaced by their descendants by succession in all degrees.


Who are the 2nd degree (group) heirs?

Second degree heirs are the parents of the heirs of the inheritor. Mother and father are equal heirs.

Parents who died before the decedent are replaced by their descendants through succession at all degrees. In other words, if the mother and father of the inheritor have died, the heirs will be his siblings and their descendants by succession. If there is no heir on one side, the whole inheritance goes to the heirs on the other side.


Who are the 3rd degree (group) heirs?

The 3rd degree heirs of the inheritor are his grandparents. In the event that the descendants of the inheritor die before the decedent without leaving a descendant, the heirs will be the grandparents.

Great-grandparents who died before the legatee are replaced by their descendants by succession in all degrees. In other words, if the great-grandparents of the inheritor died before the inheritor, the paternal uncle, aunt, uncles and their descendants will be the heirs.


If one of the grandparents on the maternal or paternal side dies before the inheritor without any descendants, his/her share goes to the heirs on the same side.


If both of the maternal or paternal grandparents died before the inheritor without descendants, the entire inheritance goes to the heirs on the other side.


If there is a surviving spouse, if one of the grandparents died before the inheritor, the share goes to his own child; to the grandparents on that side if they have no children; If both of the grandparents on one side are dead, their share goes to the other side. Here, the law has limited the rule that the descendants will be the successors, and if there is a surviving spouse, only the grandparents and their children are accepted as the third degree heirs.

When do relatives out of wedlock inherit?

Those who were born out of wedlock and established by lineage, recognition or judgment, become heirs from the father's side, just like relatives within marriage.

Can adoption be an heir?

Adoptive and descendants inherit only the adopter, like blood relatives. For example, the inheritance of the adopter's father is not passed on to the adopter.


The adopter and his relatives cannot be heirs to the adoption. The heirship of the adopted child continues in his own family.


What is the inheritance share of the surviving spouse?

The inheritance share of the surviving spouse varies according to the co-heir;

– If the inheritor becomes an heir with his descendants, a quarter of the inheritance,

– If the inheritor becomes an heir with his parents, half of the inheritance,

– If the inheritor inherits with his grandparents and their children, three-quarters of the inheritance, or if they are not, the entire inheritance goes to the spouse. Moreover,

In Turkish Law, the regime of participation in acquired property has been adopted as the legal property regime in marriage, and each spouse or his heirs will be entitled to half of the residual value of the other spouse.


The surviving spouse may request the right of usufruct or residence to be deducted from the receivable of participation on the house that belongs to the deceased spouse and where they live together, in order to continue his old life, and if it is not enough, by adding the right of usufruct or residence; Other regulations accepted by the goods regime contract are reserved.


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