If One of the Spouses Dies During Divorce Proceedings, Who Inherits the Estate? Dear readers,

Who Inherits If One of the Spouses Dies While the Divorce Case Is Pending

In this article, I will discuss with you, my valued readers, one of the questions I receive most frequently: whether the surviving spouse remains an heir if one spouse dies while a divorce case is ongoing, in light of legal practice and Supreme Court rulings.2

I will provide explanations regarding the surviving spouse's right to inheritance and reserved portion.

In inheritance law, the concept of the surviving spouse is of great importance. If the spouse is an heir along with the deceased’s descendants, they inherit one-fourth of the estate; if they are an heir along with the deceased’s parents, they inherit half of the estate; if they are an heir along with the deceased’s grandparents and their children, they inherit three-fourths of the estate, and if none of these exist, the entire estate remains with the surviving spouse.

Article 499 of the Turkish Civil Code states: “The surviving spouse shall be an heir to the deceased in the following proportions, depending on the class of heirs with whom they concur:

1. If they are an heir along with the descendants of the deceased, one-fourth of the estate,

2. If they are an heir along with the parents' class of the deceased, half of the estate,

3. If they are an heir along with the grandparents of the deceased and their children, three-fourths of the estate; if none of these exist, the entire estate remains with the spouse.”

The inheritance right of the surviving spouse is regulated accordingly.

The inheritance share of the surviving spouse changes depending on which class of heirs they concur with.

With the legal amendment made on 04.05.2007, the reserved portion right of siblings was abolished. This change made to Article 505 and 506/3 of the Turkish Civil Code affects the transfer of inheritance upon the opening of the succession. If an inheritance was opened between the effective date of the Turkish Civil Code, 01.01.2002, and the effective date of Law No. 5650, the sibling's reserved portion of one-eighth remains valid.