Fundamentals of Inheritance and Rights of Heirs in 88 Questions — Attorney Gizem Gonce

Inheritance opens upon the death of the deceased. However, the opening of the inheritance and the actual distribution of the inheritance are not the same legal process. While the relationship of heirship arises at the moment of death, determining the scope of the inheritance, identifying the estate, and distributing the inheritance are processes that must be evaluated separately.

No. Inheritance can include movable property, bank accounts, company shares, receivables, and other legally transferable assets in addition to immovable property. In addition, the debts of the deceased are also important in the evaluation of the estate.

No. Statutory heirship derives from the law, and a will is not a prerequisite for it. A will, on the other hand, allows a person to express their will regarding their assets after death within certain limits.

No. Inheritance shares vary according to the legal status of the heirs. Particularly the presence of the surviving spouse, the heirship status of children or other legal heirs are important in determining inheritance shares.

The deceased has the freedom to make dispositions upon death; however, this freedom is not unlimited. In particular, the rights of heirs with reserved shares must be taken into account. Therefore, the approach of “I will leave my property to whoever I want” may not produce legally valid results in every concrete case.

In situations where it is legally possible, heirs can carry out the distribution by agreement. However, the legal nature of the transaction to be made and the required formal requirements are important. Especially when immovable property is involved, the transaction must be carried out in compliance with the law.

This situation also concerns the rights of other heirs. The use of an immovable property included in the estate by one heir in a way that completely eliminates the rights of other heirs is not legally protected in every case. The nature of the use and the consent of other heirs must be evaluated separately.

In inheritance matters, instead of “taking action first and getting legal advice later,” I recommend conducting a legal assessment before taking action, especially if there is high-value property or a serious dispute.

Because some steps taken in inheritance law may not be reversible later. Timing, documentation, and the right legal strategy are extremely important in terms of preventing the loss of rights.

Immovable properties constitute a significant portion of inheritance disputes. Especially houses, lands, fields, and other real estate left by family elders can turn into long-term legal conflicts if the heirs cannot agree on the distribution.

Attorney Gizem Gonce discusses the most frequently encountered problems in inheritance law and the points that citizens should pay special attention to.

With the death of the deceased, the relationship of heirship arises. However, the transfer of an immovable property to the heirs and the actual division of the immovable property so that everyone has rights over a separate section are not the same thing.

The nature of the immovable property, the number of heirs, the inheritance shares, and the agreement of the parties are important regarding how the distribution will be carried out.

An heir's utilization of the immovable property does not eliminate the rights of other heirs.

Legal disputes may arise, especially if the right of use of other heirs is hindered or if the immovable property is used exclusively by a single heir.

The view “I live in this house, so the house is mine” is therefore not legally correct.

Here, the legal status of the immovable property and the nature of the community of heirs must be carefully examined.

An heir's unilateral disposition over their own inheritance share or over the entirety of a specific immovable property included in the estate does not produce the same legal consequences.

Therefore, the legal status of the heirs and the land registry records must be examined before the sale.

No.

How the intention of the deceased is legally expressed is important. The results of different legal transactions, such as a will, inheritance contract, or immovable property transfer carried out during life, are different from each other.

Therefore, it should not be assumed that the right of inheritance is finalized based solely on verbal statements.

There is no single answer to this question.

The true nature of the transaction, the intention of the parties, whether there was consideration, payments made during the transaction, and other concrete conditions must be evaluated together.

Transactions presented as sales but alleged to be intended to deprive heirs of assets may give rise to disputes concerning a sham transaction by the deceased (muris muvazaası).

Yes, it can under certain conditions.

In particular, whether reserved shares have been violated and the legal nature of the transaction performed are important.

Here, different institutions of inheritance law must be distinguished from each other. Not every donation transaction leads to the same legal consequence.

A person is free to dispose of their assets, but that freedom is subject to statutory limits.

In particular, it must be evaluated whether the rights of heirs with reserved shares have been violated.

Therefore, the general statement “Parents can leave their property to whichever child they want” is not legally correct in every case.

Providing care to the mother or father for many years can of course be an important phenomenon in terms of family and law. However, merely providing actual care does not mean that the person automatically has a larger inheritance share than other heirs.

Whether this will produce legal consequences must be evaluated according to the characteristics of the concrete case and any legal transactions made.

Inheritance shares do not change automatically based on expenses made by individuals among themselves.

However, debts of the deceased, contributions made to the estate, or other legal relations between the parties may be subject to separate evaluation.

Therefore, it is important to document the expenses made and determine their legal nature.

This must be evaluated according to the nature of the immovable property and the relevant legislation.

It may not be legally possible to physically divide every immovable property into as many pieces as the number of heirs.

Therefore, before distribution is made, the land registry, zoning (imar), and other relevant legal statuses of the immovable property must be examined.

No.

The heirs’ inability to agree does not mean that their co-ownership can never be brought to an end.

Depending on the circumstances of the case, legal remedies for dividing the estate or ending co-ownership may be available.

However, in order to determine the correct legal path, the current legal status of the immovable property and the heirs must be examined in detail.

Because in inheritance disputes, the history of the immovable property is often at the center of the event.

Whose name the immovable property is registered in, on which date and with what transaction it was transferred, who the previous owners were, and the nature of the transactions made can be important in the legal evaluation of the dispute.

Therefore, when preparing for an inheritance lawsuit, it is necessary to look not only at the current land registry record, but also at the records and documents regarding the past of the immovable property when necessary.

In my opinion, the most important stage is to correctly lay out the legal picture before the lawsuit.

The certificate of inheritance (mirasçılık belgesi), land registry records, will or other dispositions upon death, bank records, previous transfers, and other evidence according to the nature of the dispute should be evaluated.

Filing a lawsuit is not a goal, but a tool resorted to for the protection of legal rights.

One of the biggest mistakes is thinking that every inheritance dispute can be solved with the same legal method.

For example, one case may concern dividing the estate, while another may concern reserved shares, reduction of dispositions (tenkis), or sham transactions by the deceased (muris muvazaası).

It is extremely important to distinguish legal institutions from each other and to determine the correct legal strategy.

Because exercising certain rights in inheritance law depends on specific periods and conditions.

In addition, as time passes, it may become more difficult to reach evidence, document old transactions, and reveal the true nature of the event.

Therefore, I recommend that individuals who have the possibility of loss of rights regarding inheritance evaluate their legal situations as early as possible.

“Act in inheritance matters not with emotions, but by knowing your rights and obligations.”

Because inheritance disputes are not only about material values. A wrongly taken step can turn into intra-family and legal disputes that will last for years.

Accurate legal information, timely consultancy, and careful examination of documents can help prevent many disputes at the initial stage.

Because it is an important legal protection mechanism for an heir who thinks that their reserved share has been violated.

However, periods, legal capacities of the parties, the nature of the transaction performed, and the scope of the estate are of great importance in reduction lawsuits.

Therefore, the legal calculation must be made correctly before filing a lawsuit.

In some circumstances, the invalidity or annulment of a will may be at issue.

However, for this, there must be legal grounds stipulated in the law.

If a will is to be contested, it is not enough to simply say “I do not accept this will.” The ground for invalidity must be legally demonstrated.

Yes, depending on the characteristics of the concrete case, such a claim can be legally evaluated.

Here, under what conditions the will was drawn up, how the deceased's intention was formed, and whether there was a legally valid intention are important.

In such disputes, evidence must be carefully evaluated.

It cannot be said that a verbal statement alone produces sufficient legal consequences in every case regarding to whom a certain asset will pass after death.

Formal requirements are extremely important in inheritance law.

Therefore, a person's true intention must be expressed in a legally valid manner.

No.

In inheritance law, debts must be taken into account just as much as active assets.

Becoming a person's heir should not be thought of simply as “owning property.” The entire estate must be evaluated from a legal perspective.

Yes. The debts of the deceased are extremely important in terms of the legal consequences of the inheritance.

Therefore, especially in cases where it is thought that the deceased has a serious amount of debt, heirs must evaluate their legal situations without delay.

Yes. There are time limits stipulated in the law regarding the disclaimer of inheritance.

The start of these periods and how they will apply in the concrete case must be carefully evaluated.

It is important for heirs to receive legal advice on this matter without delay in terms of preventing the loss of rights.

The legal consequences of disclaiming an inheritance are comprehensive.

Therefore, it should not be thought of simply as “I do not accept the debts.” Rejecting the inheritance can produce important consequences regarding the status of being an heir and rights concerning the estate.

All consequences must be evaluated before making a decision.

First of all, the true status of the estate must be uncovered.

The nature of the debts, the scope of the assets, and the legal status of the heir must be evaluated together.

Especially since time-dependent rights may be in question, heirs must make a legal evaluation rapidly instead of waiting.

Every concrete case must be evaluated within its own conditions.

If the deceased has debts, what legal opportunities the heirs have, the relevant periods, and the status of the estate must be examined together.

Therefore, instead of taking random actions after the debt emerges, it is safer to determine the legal situation first.

Because the opening of the inheritance and the actual distribution are not the same thing.

Where there is more than one heir, a community of heirs may arise. If the parties cannot agree, that situation may continue for a long time.

The law also provides ways to bring that community to an end where the relevant conditions are met.

This statement alone does not determine what the legal situation will be.

Waiving an inheritance share, disclaiming an inheritance, distributing an inheritance, or transferring an inheritance share have different legal consequences from each other.

These concepts should not be confused with each other.

If the heirs agree, it may be possible for the immovable property to remain with one heir and the rights of other heirs to be met in a different way.

However, how the transaction will be carried out and which legal documents will be prepared must be determined according to the concrete case.

I do not think that every dispute necessarily turns into a long lawsuit process.

In suitable cases, negotiation, settlement and legal solutions that may enable the parties to reach agreement can be considered.

If agreement is not possible, legal remedies may need to be pursued to protect the parties’ rights.

Making verbal agreements among heirs and not thinking sufficiently about their legal consequences is an important problem.

Especially when immovable properties are involved, the approach of “We sorted it out among ourselves” can turn into serious disputes in the future.

The legal nature and validity of the agreement made must definitely be evaluated.

The role of the lawyer is not just filing a lawsuit.

First of all, determining the legal framework of the event, revealing the rights and obligations of the heirs, examining existing documents, evaluating potential risks, and, if possible, resolving the dispute before it reaches the lawsuit stage are also an important part of legal consultancy.

I think the preventative law approach is particularly important in inheritance law.

“In inheritance disputes, it often seems like only the distribution of a piece of immovable property or an asset is being discussed. Yet, in the background of the file, family relationships, transactions made in the past, the true intentions of individuals, and legal transactions carried out years ago can be found.

Therefore, instead of superficial evaluations in inheritance law, the entirety of the estate, the legal status of the heirs, and past transactions need to be handled together.

I consider it important for our citizens, especially in families with significant assets, to evaluate inheritance planning legally without waiting for a dispute to arise later.”

“Diverting assets away from heirs” is a common everyday expression. Legally, however, each case must be assessed in light of its own circumstances.

In particular, where it is alleged that the apparent nature of a transaction differs from the deceased’s true intention, a sham transaction by the deceased (muris muvazaası) may be at issue.

The transfer of an immovable property to one child does not, on its own, establish a sham transaction by the deceased.

The answer to this question depends on how the transaction was carried out.

Was a real sale made, is there a donation, was the price actually paid, what is the intention behind the transaction, and is there a situation affecting the rights of other heirs?

All these elements must be evaluated together.

No. Although the type of transaction in the land registry record is important, the legal evaluation of the dispute cannot be reduced solely to the word written in the land registry.

The true nature of the transaction and the intention of the parties can be investigated within the framework of the conditions of the concrete case.

Therefore, the approach of “It says sale in the land registry, the matter is closed” is not correct for every case.

A low price alone does not prove that a transaction is a sham.

However, when elements such as the sale price, the actual value of the immovable property, whether a payment was made, the relationship of the parties, and the conditions under which the transaction was carried out are evaluated together, it may be important for the dispute.

No.

The fact that it was made shortly before death does not make the transaction invalid by itself.

However, it can be an important evaluation element in terms of the conditions under which the transaction was carried out, the intention of the deceased, and the true nature of the transaction.

Not in every case.

A person has freedom to dispose of their assets, but the law also protects inheritance rights.

The evaluation to be made, especially in terms of reserved shares, is important.

Therefore, the nature of the transaction made by the deceased and the protected shares of the heirs must be examined separately from each other.

First of all, the legal history of the immovable property must be investigated.

Issues such as whose name the immovable property is registered in, on which date it was transferred, with what transaction it was acquired, and its connection to the deceased must be determined.

Then, which legal remedies can be used in the concrete case should be evaluated.

First of all, the legal equivalent of the expression “transferring into one's own name” must be determined.

A sale, donation, will, inheritance contract, or another legal transaction may be in question.

The legal consequence of each type of transaction is different.

Therefore, it is not correct to reach a definitive legal conclusion without seeing the land registry records and the basis of the transaction.

Of course.

The estate does not consist solely of immovable property. Bank accounts, receivables, company shares, and other economic values can also be important in determining the estate.

Especially if there are high-amount money transfers made before death, their legal nature can be examined separately.

Such a conclusion cannot be reached with this information alone.

The purpose for which the money was given, the legal nature of the transaction, the rights of other heirs, and other conditions of the concrete case must be evaluated.

Here again, the true nature of the transaction is important.

The legal status of the community of heirs and the immovable property must be known.

An heir’s own entitlement and their authority to dispose of a specific property forming part of the estate are not the same thing.

Therefore, before such a transaction is made, the legal situation must definitely be examined.

In inheritance disputes, a person's statements can of course be important; however, which evidence can legally support the claims is evaluated separately.

Especially in transactions carried out years ago, documents, records, and other evidence gain great importance.

Depending on the nature of the concrete case, witness statements may be important.

However, rather than reaching a conclusion by relying on a single piece of evidence, the incident must be evaluated together with all its evidence.

In inheritance lawsuits, land registry records, transaction documents, payment transactions, and other physical evidence are also often of importance.

Because in inheritance law, a discrepancy between the apparent transaction and the genuine legal intent may change the nature of the dispute.

For this reason, it is necessary to look not only at the question "which transaction was executed?", but when necessary also at the question "for what purpose and with what intent was this transaction executed?".

First of all, a chronology of events must be established.

Which immovable property was acquired when, when was it transferred, to whom was it transferred, is the transaction a sale or a donation, was the price paid, what is the status of the deceased's other assets, and who are the heirs?

Determining a litigation strategy before answering these questions is not sound.

It would not be correct to describe a single document as the "most important document" for all case files.

Depending on the nature of the case, land registry records, certificate of inheritance, testament, bank records, contracts, and other documents may gain importance.

What is important is the evaluation of the documents together with one another.

Depending on the nature of the concrete case, the family relationships between the parties may be important in terms of understanding the background of the transaction performed.

However, family relationship alone does not generate legal consequences. The legal evaluation must be made on the basis of all elements of the concrete case and the available evidence.

Because on the one hand, the deceased's freedom of disposition over their assets is involved, and on the other hand, the rights of the heirs arising from the law are at issue.

The correct legal balance must be established between these two areas.

Not every intra-family transfer should be regarded as "dissipation of assets"; however, legal transactions that genuinely affect the rights of the heirs must also be examined with care.

Because the true nature of certain transactions can only be noticed after the death of the deceased.

In addition, immovable properties, bank accounts, or past transfers that were not discussed within the family for years may come to light after death when the division of inheritance is on the agenda.

For this reason, it is important that the scope of the estate is determined as early and as completely as possible.

From my perspective, the most important approach is to reveal the legal situation before any loss of rights occurs.

In inheritance disputes, accessing accurate information, collecting documents, tracking statutory deadlines, and determining the correct legal path are exceedingly important.

Inheritance is not merely an estate left from the past. It is at the same time a multidimensional legal process that can affect family relationships, economic values, and future generations.

“In inheritance law, every case file must be evaluated within its own context. A legal situation valid in one family may not yield the same outcome in another family.

Especially in real estate transfers, the land registry record, transaction documents, the relationships between the parties, and the genuine nature of the transaction must be evaluated together.

Instead of acting on hearsay, it is of great importance that citizens learn their rights and obligations on the basis of their concrete case file.”

Attorney Gizem Gonce

With the death of the deceased, the heirship relation arises. If there are multiple heirs, how the rights over the immovable property will be exercised is determined according to the legal status of the heirs.

Therefore, before saying “The house was left to me”, the certificate of inheritance and the legal status of the immovable property must be examined.

The use of the immovable property by one heir does not automatically eliminate the rights of the other heirs.

Legal problems may arise, especially in cases where the immovable property is used exclusively and the enjoyment by other heirs is prevented.

Depending on the specific characteristics of the concrete case, the legal consequences of the use must be evaluated separately.

To answer this question, it is necessary to examine the legal status of the inheritance and the immovable property.

In cases where there are multiple heirs, the unlimited exercise of the right to use the immovable property by a single heir may bring the rights of the other heirs to the fore.

For this reason, the legal status of the heirs must first be determined.

Who is entitled to the rental income obtained from an immovable property included in the estate must be evaluated according to the legal status of the heirs and their rights in the immovable property.

If an heir takes the entire rental income alone, the rights of the other heirs may come into play.

For this reason, it is important that rental income is documented and the distribution is carried out in accordance with the law.

First, the contract regarding the leasing of the immovable property, the rental income, and the rights of the parties must be examined.

Subsequently, it is evaluated what claims the other heirs may assert in the concrete case.

Here, preserving the documents and payment records is important.

An heir's refusal to sell is a situation that must be evaluated according to the legal structure of the concrete case.

There are mechanisms provided by the legal order for the termination of the community of heirs and partition.

Therefore, the will of a single heir does not indefinitely eliminate all rights of the other heirs in every case.

The determination of the value of the immovable property may vary depending on the nature of the dispute.

If the parties carry out an agreed partition, different methods can be used. When a lawsuit is at issue, expert examinations and appraisals may come into question during the court proceedings.

No. It is not possible for an heir to determine the legally binding value of the immovable property unilaterally.

An agreement of the parties is a separate matter, and the legal valuation to be conducted in case of dispute is another matter.

Merely having incurred expenses does not automatically alter the inheritance share.

However, the legal nature of the expenses incurred, whether they constitute necessary expenses, and their relation to the other heirs must be evaluated separately.

For this reason, it is important to preserve all invoices, receipts, and documents.

Who covered the taxes or other mandatory expenses may become a subject of dispute between the parties in the future.

Therefore, it is important for the paying person to preserve their documents and for the nature of the payments made to be legally evaluated.

It is not possible to physically partition every parcel of land among the heirs.

The zoning status and land registry status of the immovable property as well as the relevant legislation must be taken into account.

Therefore, when planning a partition, one must look not only at the inheritance shares, but also at the legal and technical characteristics of the immovable property.

Special care must be taken regarding agricultural lands.

It may not be possible to partition every agricultural land among the heirs as desired. The restrictions in the relevant legislation must be taken into account.

Therefore, an expert legal evaluation must be conducted before a land registry transaction is made.

Whether the other heirs have rights must be taken into account.

An heir's enjoyment of the immovable property must not take place in a way that deprives the other heirs of their rights.

In case of dispute, the legal nature of the use and the claims of the parties are evaluated separately.

How the immovable property is used, how the produce was obtained, and the rights of the other heirs must be examined.

Particularly in immovable properties generating agricultural income, it is important that revenues are recorded and that the distribution among the parties is explicitly established.

Who holds the key does not by itself alter the legal ownership situation.

However, preventing other heirs from accessing the immovable property may cause disputes regarding rights of use and enjoyment.

In such cases, the legal rights of the parties must first be determined.

First, the legal nature of the incident must be determined.

Drawing direct conclusions without evaluating the heirship status of the parties, the legal status of the immovable property, and the right of use is not correct.

To prevent the dispute from escalating, it is healthier for individuals to utilize legal avenues rather than undertaking physical self-help interventions on their own.

It matters whose use generated the bills and who uses the property.

Particularly in immovable properties where only one heir resides, it may be necessary to distinguish between consumption expenses and common expenses of the immovable property.

If the heirs agree, the immovable property may be rented out, sold, or utilized in another manner.

If an agreement cannot be reached, suitable legal remedies must be evaluated according to the legal status of the immovable property.

The nature of the renovation is important here.

Mandatory maintenance and repair works and comprehensive transactions that alter the value or mode of use of the immovable property are not evaluated in the same manner.

For this reason, the nature of the work to be performed and the rights of the other heirs must be evaluated in advance.

In certain circumstances, seeking legal recourse to claim the expenditures incurred may come into question. However, it cannot be said that this will be accepted automatically.

The nature of the expenditures, whether they were mandatory, the contribution they provided to the immovable property, and the legal relationship between the parties must be examined together.

Through which legal transaction this is carried out is important.

If there is an agreement among the heirs, different legal avenues may come into question. However, transferring the entire immovable property to one person unilaterally by disregarding the rights of the other heirs requires a separate legal assessment.

This is an extremely serious allegation.

If such a situation is suspected, the documents and transaction records must be examined immediately, and the necessary legal remedies must be evaluated.

It is important for individuals to receive specialized legal support rather than acting on their own.

First of all, what the parties truly desire must be determined.

One heir may want to acquire the immovable property themselves; another heir may demand its sale. The economic expectations of the parties may differ.

In this case, alongside legal options, negotiation and settlement possibilities should also be evaluated.

Because inheritance disputes are not solely legal disputes, but also disputes that affect family relationships.

In suitable cases, an agreement between the parties can prevent long-lasting disputes.

However, the settlement must also be established in a legally proper manner.

Formal requirements may vary depending on the nature of the specific transaction.

Particularly in transactions concerning immovable properties, rather than relying merely on a simple document drafted within the family, the transaction must be executed in accordance with statutory formal requirements.

Under which conditions the sale was executed is important.

Particularly during partition among heirs, determining the real value of the immovable property carries importance in terms of preventing new disputes from arising in the future.

Yes.

Agreements made without knowing the economic value of the parties' rights may subsequently lead to regrets and new disputes.

For this reason, particularly for high-value immovable properties, conducting an independent valuation and legal review is beneficial.

First determine the legal situation, then perform the transaction.

Before performing a transaction on an inherited house, plot, or field, who the heirs are, what the shares are, the status of the land registry records, and the legal nature of the immovable property must be determined.

Because an erroneous step taken in inheritance law may lead not only to economic loss, but also to intra-family disputes that can last for years.

“The fact that an inherited immovable property has been used within the family for years does not mean that the legal situation will continue in the same manner. Rights must be clearly determined, particularly among siblings, regarding property use, rental income, sale, transfer, and partition.

In inheritance law, the soundest approach is to establish the legal framework before a loss of rights arises, rather than seeking solutions after a dispute has escalated.”

Attorney Gizem Gonce