Inheritance Share, Bank Accounts and Digital Estate in 8 Questions — Atty. Gizem Gonce

The use of bank accounts after the death of the testator can cause significant disputes regarding the rights of the heirs. If money is withdrawn from the accounts without permission after the death of the testator or transactions violating the rights of other heirs are made, legal and, depending on the conditions, criminal liability may come into question.

Bank movements, account statements, and money transfer records must be examined. Heirs can request the protection of the asset belonging to the estate and the delivery of the rights falling to their shares. Regarding transactions carried out before death, the agency relationship, transaction capacity, and collusion claims must also be evaluated.

Not every donation made by the testator during their lifetime is invalid. Individuals can dispose of their assets within legal limits. However, if the donation made violates the rights of reserved-share heirs, an abatement (reduction) lawsuit may come into question.

If the donation is shown as a sale in reality, a title deed cancellation and registration lawsuit based on the testator's collusion can also be evaluated. The real nature of the transaction, the testator's purpose, the transfer price, and other evidence must be examined together. It is not legally correct to say that every donation can be revoked.

While the inheritance partnership continues, the transfer of the inheritance share to another heir and its transfer to a third party are subject to different formal requirements. In addition, the transfer of the inheritance share is not the same transaction as the transfer of the ownership share of a specific immovable included in the estate.

According to Article 677 of the Turkish Civil Code, the validity of the contract regarding the transfer of the inheritance share among heirs depends on written form. The validity of such a contract to be made by an heir with a third party requires it to be drawn up by a notary public. The third party does not acquire the status of an heir or the authority to participate in the partition; they have the right to request that the share allocated to the transferor upon partition be given to them.

With the opening of the inheritance, heirs can, as a rule, become liable for the estate debts with their personal assets as well. The joint and several liability of heirs for estate debts is regulated in the Turkish Civil Code.

However, heirs can reject the inheritance under the conditions specified in the law, or benefit from the provisions of statutory rejection if the estate is bankrupt. The period for rejecting the inheritance is three months as a rule. Heirs must evaluate the legal situation without delay after death in order not to lose their own assets due to the testator's debts.

The fact that one of the heirs lives abroad does not prevent the execution of the inheritance partition in Turkey. However, procedures regarding the certificate of inheritance, power of attorney, service of process, and the use of documents issued in a foreign country in Turkey are important.

Documents issued in a foreign country may require apostille or consular procedures and, when necessary, translation. Heirs can carry out their transactions in Turkey through a power of attorney. The location of the immovables, the nationality of the testator, and the applicable law must also be evaluated.

The loss of the will does not mean in every case that the last wishes of the testator have become legally invalid. Especially official wills drawn up at a notary public have registration and safekeeping processes.

Notary records and related documents can be researched. As for handwritten wills, the existence of the document, its content, and whether it was drawn up in a legally valid manner are important. The provisions of the Turkish Civil Code apply in the processes of opening and executing the will. Claims must be supported by concrete evidence.

Digital assets and cryptocurrencies are one of the important new discussion areas of inheritance law today. The digital assets of the testator bearing economic value can enter the scope of the estate.

However, serious practical problems can be experienced regarding the passwords, private keys, and digital account information necessary to access these assets. Heirs must take the necessary steps regarding the determination and protection of digital assets alongside their legal rights. The terms of use of digital accounts and the policies of relevant platforms must also be examined.

The certificate of inheritance is an official document showing who the heirs are and their inheritance shares. However, this document does not possess the quality of a final judgment, and its cancellation or correction can be requested in cases where it is issued incorrectly.

In the event of missing or incorrect indication of heirs, subsequent situations regarding lineage, or the presence of new information affecting the status of being an heir, an application can be made to the court. The correct issuance of the certificate of inheritance is important in terms of the sound execution of title deed, bank, and other inheritance transactions.