Before we discuss your work on inheritance law, could you explain to our viewers at home what inheritance law is?

INHERITANCE LAW Q&A

Before discussing your work on inheritance law, could you explain to our viewers what inheritance law is?

Inheritance law is the set of rules that regulates the fate of the rights, debts, and other legal relationships of a person—referred to as the testator—that do not cease upon their death but are transferable. To summarize briefly, inheritance law governs who will replace the deceased and who will become their successor due to their death.

Inheritance law is a branch of private law that examines the dispositions mortis causa that people wish to make regarding their property after their death, how their estate will be distributed among legal heirs and other heirs in the event of their death, and how and in what order their debts will be paid.

In which areas regarding inheritance and guardianship law do you provide support?

Drafting wills,

Lawsuits for the annulment of a will,

Obtaining a certificate of inheritance,

Annulment of a certificate of inheritance,

Renunciation of inheritance,

Lawsuits for the annulment of a decision to renounce an inheritance,

Lawsuits regarding the actual renunciation of inheritance by heirs,

Lawsuits for the dissolution of partnership through the distribution of an estate,

Title deed annulment and registration lawsuits regarding the collusive transfer of assets by the deceased (murisin muvazaası),

Abatement (tenkis) lawsuits regarding the claims of forced heirship (saklı pay) heirs.

How many types of heirs are there, and how can heirs benefit from these inheritances?

There are 2 types of heirs. First, the legal heir; second, the appointed heir.

A legal heir is a person who becomes an heir by operation of law and is specified in the statute.

An appointed heir is an heir designated by the testator through a disposition mortis causa, i.e., a will or an inheritance contract. Here, the will and the declaration of intent of the deceased are effective. While legal heirship is based on and arises from the law, appointed heirship arises from the intent of the testator.

Who are the heirs considered as the 1st, 2nd, and 3rd degrees?

1st-degree heirs are the closest relatives of the testator, namely their direct descendants (sub-lineage). That is, children, grandchildren, great-grandchildren, and so on.

2nd-degree heirs consist of the testator's mother, father, and their descendants—that is, the deceased's siblings, nephews, nieces, and their children.

3rd-degree heirs consist of the testator's grandparents and their descendants—that is, the deceased's uncles, aunts, and their descendants.

So, who are the forced heirs (heirs with reserved shares)?

As a rule, a testator has the authority to dispose of their assets as they wish; however, the law protects a portion of the inheritance share of the descendants, parents, and spouse. The reserved share (saklı pay) is the portion of the inheritance share granted to a legal heir that the testator cannot dispose of. The testator can only dispose of the portion remaining outside of these reserved shares.

Heirs whose reserved shares are violated have the right to claim their reserved share by filing an abatement (tenkis) lawsuit. With the legislative amendment made in 2007, the reserved share of siblings was abolished.

Forced share ratios are regulated in the law as follows:

- For descendants, half of the legal inheritance share,

- For each of the parents, ¼ of the legal inheritance share,

- For the surviving spouse, the entire legal inheritance share if they are an heir together with descendants or the parents' degree, and ¾ of the legal inheritance share in other cases.

How does divorce affect heirship?

Divorced spouses cannot be each other's legal heirs.

Dispositions mortis causa made by the testator in favor of their spouse via a will also become invalid if a divorce subsequently occurs. However, the testator may order otherwise in their disposition mortis causa. That is, they may state the validity of the will even in the event of divorce. In contrast, if the court has ruled for separation rather than divorce, the surviving spouse retains their legal right of inheritance because the marital relationship has not ceased here.

An important issue regarding this subject arises if a divorce case has been filed but one of the spouses dies before it concludes. Here, the spouse remains a legal heir because the marital relationship, and thus the legal heirship of the spouse, continues until the divorce decision becomes final. If one of the spouses dies during this period, the surviving spouse remains an heir. Here, the marriage ends not with divorce, but with death.

When and in what situations is the State in the position of an heir?

According to Turkish law, if there are no heirs in the first 3 degrees and the testator has not appointed an heir through a disposition mortis causa, the State inherits the estate in the capacity of a legal heir.

If it is unknown whether the testator has heirs or if all of their heirs are unknown, the Magistrate Judge issues a public announcement twice with a 1-month interval, calling upon the rights holders to notify their heirship status within 1 year starting from the last announcement. If no one applies within this period and the Magistrate Judge cannot identify any heirs, the inheritance passes to the State. In this case, the right of an heir who may appear later to file an action for recovery of inheritance (istihkak davası) is reserved.

In the meantime, let us point out this point: if the inheritance is renounced by all of the closest heirs, the inheritance does not pass to the Treasury. In such a case, the formal liquidation of the inheritance is carried out. After the debts of the estate are paid, the remaining balance is given to these heirs as if they had not renounced it.

It is also possible for the State to be an appointed heir through a disposition mortis causa by the testator. The State's appointed heirship is not dependent on the condition that there are no other heirs.

What is unworthiness to inherit, and what are the grounds for unworthiness?

Unworthiness to inherit is the state of not meeting one of the criteria written in the law to acquire the capacity to be an heir.

The grounds for unworthiness to inherit are listed in the law in 4 clauses:

1- Those who intentionally and unlawfully kill or attempt to kill the testator (For example: intentionally killing or attempting to kill the testator by running them over with a car).

2- Those who intentionally and unlawfully render the testator incapable of making a disposition mortis causa (For example: imprisoning the testator, cutting off their hand or tongue, hypnotizing them, torturing them, etc.).

3- Those who, through fraud, threat, or duress, cause the testator to make or revoke a disposition mortis causa, or prevent them from doing so (This situation is also a matter for filing a lawsuit for the annulment of the disposition).

4- Those who intentionally and unlawfully destroy or spoil a disposition mortis causa in a situation and at a time when the testator can no longer remake it.

What is disinheritance (mirastan ıskat), and what are its conditions?

Disinheritance is a disposition mortis causa. With this disposition, the testator removes a forced heir from their inheritance right and reserved share.

Disinheritance carries a quality that strengthens family ties and serves to protect them.

Disinheritance must be distinguished from unworthiness to inherit. In both disinheritance and unworthiness, the heir loses their reserved share; they are deprived of it. However, there are differences. The main difference is that unworthiness takes effect automatically, whereas for disinheritance to exist, it is a condition that there is a disposition mortis causa by the testator regarding it. Furthermore, there are differences between the grounds causing unworthiness to inherit and the grounds for disinheritance.

The conditions for disinheritance are listed in 4 clauses:

1- In order for a testator to disinherit a forced heir, it is a condition that the heir has committed a culpable act. If an heir lacks the capacity to distinguish, a cause for disinheritance cannot arise since their fault cannot be a matter of discussion. Conversely, individuals under guardianship who possess the capacity to distinguish can be at fault and can be disinherited.

2- The act of the disinherited heir that necessitates disinheritance must be unlawful. In the presence of lawful acts and behaviors, a cause for disinheritance does not arise.

3- The act that constitutes a cause for disinheritance must be a serious crime. Here, seriousness is not determined according to objective criteria or provisions in the penal code. However, the impact of the act committed on the testator is taken into account by keeping family relationships in mind.

4- It is a condition that the disinheritance is made in the form of a disposition mortis causa.

Is it also possible to renounce an inheritance?

Renunciation of inheritance is the declaration of intent by a legal or appointed heir not to accept the inheritance that has passed to them.

Renunciation of inheritance can only be possible after the right of inheritance has passed to the heir. It is not possible to renounce an inheritance while the testator is still alive. However, in such cases, an inheritance waiver contract can be made.

Renunciation of inheritance is regulated in the law in 2 ways. The first of these is renouncing the inheritance with an explicit declaration of intent. The second is that the testator’s insolvency is clearly apparent or has been officially determined.

Finally, could you provide information about wills and inheritance contracts?

A will is a unilateral legal transaction mortis causa of the testator. Here, only the testator's declaration of intent is important, and its validity is not dependent on the acceptance of the other party.

An inheritance contract, unlike a will, is a bilateral legal transaction mortis causa. The legal consequence arising from this is that the contract cannot be revoked unilaterally.

In a will, the testator can freely revoke their will whenever they wish. In an inheritance contract, the freedom of disposition of the testator who is bound by it is limited.

What would you like to say regarding inheritance law?

Inheritance law is an area of law that shows whose property will belong to whom after a person's death and binds this to legal rules.

To explain briefly, inheritance law is the body of rules and provisions that regulate the transition of the assets of a deceased person—that is, their goods, rights, receivables, and debts—to living natural and legal persons.

Inheritance law, by its nature, strengthens the right of ownership and ensures that objects and goods owned by a person pass to the people they desire after their death.

If there were no inheritance law, the right of ownership would lose its importance and would be an incomplete right.

Various interests are attached to inheritance law in terms of life relationships. The most important reason for this subject to be regulated down to the finest detail is the protection of the rights of the interested parties—namely the testator, the heirs, the testator's creditors, and the State. In this vein, I recommend that individuals follow their files with the assistance of lawyers specialized in this field so that they do not experience any loss of rights regarding inheritance law. Every loss of rights you experience will also cause the next generation after you to experience a loss of rights.