Inheritance Partition, Rejection and Will in 25 Questions — Atty. Aylin Esra Eren

In inheritance partition, the legal or appointed inheritance statuses and shares of the heirs are determined. The presence of a spouse and descendants changes the partition ratios.

Details of the topic: How Is the Inheritance Left by the Father Partitioned?.

While the inheritance partnership continues, the dissolution of the partnership or the request for partition can come up. The heir's refusal to compromise does not eliminate the right to partition.

Details of the topic: What Can Be Done If One of the Siblings Prevents the Inheritance Partition?.

If heirs cannot agree, a lawsuit for the dissolution of the partnership can be filed. If partition in kind of the immovable is not possible, the partnership can be dissolved through sale.

Details of the topic: What Happens If the Inherited House Is Not Wanted to Be Sold?.

A reserved share is the protected inheritance share granted by the law to certain heirs. Descendants, mother-father, and the surviving spouse can have reserved shares under statutory conditions.

A title deed cancellation and registration lawsuit can be filed for legal reasons such as the testator's collusion (muris muvazaası), lack of capacity, or abuse of power of attorney. The legal reason for each transfer transaction must be examined separately.

Details of the topic: Can the Title Deed Transfer Made by the Testator Be Cancelled?.

Filing a lawsuit in the peace civil court at the location of the immovable comes into question. Mediation provisions as a condition of lawsuit and new legislation amendments must also be checked.

Details of the topic: What Happens If the Inherited House Is Not Wanted to Be Sold?.

The testator has freedom of disposition but cannot violate reserved shares. If conditions are met, an abatement (reduction) lawsuit can be filed.

In the event of the acceptance of the inheritance, heirs can, as a rule, become responsible for estate debts with their personal assets. Rejection and rejection presumed by law (hükmen ret) provisions must be evaluated separately.

The period for rejecting the inheritance is three months as a rule. According to Article 606 of the Turkish Civil Code, for legal heirs, the period starts from learning about the death of the testator; if it is proven that the status of being an heir was learned later, this date is taken as the basis. For appointed heirs, the period starts to run from the date the disposition is officially notified to them. Special situations and rejection presumed by law (hükmen ret) are evaluated separately.

The heir's responsibility for estate debts and the right to reject the inheritance must be evaluated together. The lawfulness of the attachment procedure must also be examined.

While the inheritance partnership continues, the rights of other heirs must also be protected. If conditions are met, requests for prevention of interference and compensation for use without authorization (ecrimisil) can come into question.

Every single use does not automatically generate a rent debt. The condition of notification of exclusion from use (intifadan men), the nature of the immovable, and the usage right of the heirs are evaluated.

If the donation violates the reserved share, an abatement lawsuit can come into question. If the transaction is collusive in reality, different legal paths can be evaluated.

The cancellation of the will can be requested for reasons such as lack of capacity, impairment of free will, formal defect, or unlawfulness. The periods in the Turkish Civil Code are important.

The handwritten will must be written entirely in the handwriting of the testator, and it must bear the conditions of date and signature.

The will can be revoked or changed through the procedures foreseen in the law. The relationship of the new arrangement with the previous will must be examined.

The adopted child becomes an heir towards the adoptive parent pursuant to Article 500 of the Turkish Civil Code. The inheritance relationship of the adopted child with their biological family is also subject to the regulation in the law.

A stepchild does not become a legal heir solely because there is a family relationship with the step-parent. They can acquire rights through legal means such as adoption or a will.

In the event of the agreement of the heirs and the execution of necessary official transactions, the transfer of the immovable to a specific heir is possible. Tax and title deed transactions must also be examined.

The sale can be carried out through power of attorney and representation transactions. The validity and legalization conditions of documents issued in a foreign country are important.

Application can be made with the certificate of inheritance and the documents requested by the relevant bank. Tax and other statutory obligations must be completed.

The credit debt can be among the liabilities of the estate. Rejection of the inheritance, life insurance, and credit agreement must also be examined.

To whom the construction belongs, land ownership, and the consent of other heirs are evaluated. Requests for prevention of interference, demolition, or compensation can come into question.

The transfer of the inheritance share and the share transfer in joint ownership are subject to different legal regimes. Articles 677 and 732 of the Turkish Civil Code and the concrete situation must be examined together.

Statute of limitations or forfeiture periods vary depending on the type of lawsuit. Abatement, cancellation of a will, title deed cancellation, and partition demands are subject to different period regimes.