Inheritance Law

Inheritance Law

About the Inheritance Law

The inheritance law is an area of law that regulates the transfer of rights over his/her property, if an individual dies. Talk about the inheritance law, the deceased person must be a real person. Otherwise, the existence of any heir or inheritance is not possible.

The Istanbul heritage attorney can help you on these matters. You can find the answers to all your questions in the field of inheritance law with the consultancy services.

It is possible to talk about different types of heirs within the scope of the inheritance law. These heirs can be legal or appointed heirs. The legal heirs are relatives of the heir under the law. Kinship can be by blood or by adoption. The still alive spouse of the person, who died, also enters relatives.

The assigned heirs are the heirs selected by the person, who left the inheritance. This selected must be made naturally, while the heir is alive. Furthermore, the heir must declare this decision in accordance with the law. The inheritance attorney offers you any legal advice on the inheritance matters.

Inheritance Lawsuits

There are some types of cases in the inheritance law. You can get professional support for all of these types of cases through the Istanbul heritage attorney consultancy services.

We can list the types of cases in the inheritance law as follows:

• Actions of  Recovery;
• Actions for reduction;
• Actions of decedent simulation;
• Actions of Cancellation of the Heritance Contract;
• Actions on Cancellation of the Inheritance Certificate; and
• Actions of Partition.

The most common cases in inheritance law are listed above. Other than these cases, there are also any different inheritance lawsuits filed regarding the inheritance law.

The inheritance law cases are filled to solve problems in sharing the heritage. The individuals can determine the type of case to be filed depending on the special situation experienced. Seeking a professional support on this matter will produce much better results. This way, you can prepare better for your cases. The Istanbul heritage attorney services can help you. 

Certificate of inheritance

A certificate of inheritance is a certificate required to prove that a person truly is an heir under the law. This certificate must be issued by notary approval or court order. If the certificate of inheritance must be obtained from the notary public, there must be a relationship of kinship. Otherwise, it is necessary to apply to the court. Such matters are heard by the Civil Courts of Peace in our country.

There are some situations that prevent a certificate of inheritance from being obtained from a notary public as follows:

• If there is not be a relationship of kinship;
• If  the person die before 04.01.2016;
• If the deceased person’s spouse is still alive, after the person dies before 23.11.1990;
• If there is not a testament of the person, who leaves the heritage;
• If the inheritor/one of the heirs is unknown, adopted or denaturalized. 

The Istanbul heritage attorney can guide you upon your requests in such situations. Other than such situations, there are also some obstacles. One of them is the death of the inheritor and one of the heirs on the same day.

There is no time limit to issue a certificate of inheritance. On the other hand, a certificate of inheritance must be obtained and a declaration must be submitted for the properties acquired within the scope of the inheritance and transfer tax. A time limit is determined for this situation. If there are question marks in your mind or some situations that you cannot solve, the Inheritance attorney provides an expert support for all your questions in the field of inheritance law.

The certificate of inheritance fee is determined as TL 136 lira in 2020. If the certificate is to be issue in duplicate, it is paid in TL 153. The Istanbul heritage attorney will show you the easiest way to get a certificate of inheritance.

Inheritance Contracts

The inheritance contracts are a type of contracts concluded depending on the heir and on the death of the heir in its simplest form. This contract is entered into with the heir and the real persons, who are on the opposite side. According to the Turkish laws, the inheritance contracts are divided into positive or negative as follows:

• Positive heritage contracts: The inheritor agrees to leave his/her designated heritage/property and its ownership to the contractual counter party/a third party. This situation is binding. The person knows that the situations specified in the contract will occur after his death and he takes this responsibility.
• Negative heritage contracts: A person / third person is deprived of inheritance, and the right of inheritance is withdrawn partially/completely. 

The Istanbul heritage attorney will help you to prepare your positive or negative inheritance contracts. It is strongly recommended that you consult an expert on such matters.

Testaments

The testaments are the documents or verbal statements that determine how a person’s inheritance will be shared in the event of his death. This document or verbal statement is prepared by the official testament officer in the presence of two witnesses or his/her statement is made. However, in order for this statement to be considered valid, there are some characteristics that individuals must have. These characteristics are given below.

Conditions for the testament to be valid:

The testator must have the ability to distinguish. The relevant statement specified in Article 13 of the Turkish Civil Code is that “Anyone, who is not incapable of acting rationally because of his or her age, mental illness, mental weakness, intoxication, or the like, has the ability to distinguish according to this Law.”

The person, who will give a testament, must be turn the age of 15. In this regard, the age calculation must be made correctly. For this, the date related to the birthday must be removed from the current day. If the difference is 15, it means that the person is 15 years old.

In the context of the attorney and legal advice service offered by us in the field of the Istanbul heritage attorney, the most basic question that comes to mind is whether old age prevents to give a testament. As can be understood from the information given above, the age limit specified by the law regarding the testament is limited to 15. On the other hand, old age must be considered not in the context of age but in terms of ability to distinguish.  In this regard, it is possible to say that, if a person who has reached a level of maturity that can be regarded as old is still capable to distinguish, the person can give a testament without any problem. If it hinders one’s ability to distinguish old age, one cannot issue a testament. In other words, old age alone is not a condition that requires ignoring the power of discrimination before the legislator.

The types of testaments that can be given in this regard: Official and handwritten types.

The official testament is the first form of testament. The name of this document corresponding to the law is the deed. To prepare this type of testament, the inheritor must inform the officer about his inheritance requests. In this context, the officer is obliged to prepare an official testament in line with the requests given to him. The prepared testament should be read aloud or silently to the last inheritor. The important thing here is that the inheritor reads the content of the testament, and in this context, he/she understands the text content well and sees whether it is written in accordance with his/her request. When the inheritor is unable to read or sign the testament, the officer must read the written testament aloud and before witnesses. As a result, there is a requirement for the witnesses to sign because they confirm that the text of the will is read out loud to the inheritor and that the content was prepared in line with the desires of the inheritor.

The handwritten testament is a type of testament directly written by the inheritor. However, in the context of our Istanbul heritage attorney service, it is useful to state that the main purpose of the handwritten testament must be to write a testament. The issued testaments are not valid due to any sketch.

Services Provided By Us In The Field Of Inheritance Law

We provide a number of services on the inheritance law. In the scope of these services, we guide you about all the cases that may be filed as the inheritance cases and help the cases to be concluded faster, we support you in inheritance and testament. We also support you in legal processes for the cancellation of testaments.  As an Istanbul heritage attorney, we should point out that you do not have to hire an attorney in inheritance cases. However, it may be a good idea to seek help from a professional and experienced in this kind of sensitive issues. When choosing your attorney, you should choose an attorney who has developed himself in inheritance law and provides specialized services in this field.

We also offer our experience in the field of inheritance certificate included in the scope of the inheritance law. We also provide the support you need in cases such as actions of recovery, actions for reduction, deed cancellation cases, etc. As an inheritance attorney, we know our duty to help you as follows:

• Inheritance contracts: 
• Contracts of support for life;
• Renunciation of the inheritance cases;
• Renouncement of inheritance cases;
• Actions of Partition; and
• Determination and management of inheritance.

As the Istanbul heritage attorney, we provide consultancy for all your legal processes in the scope of inheritance law, including the above cases and contracts, and we make sure that your cases are carried out in the fastest way possible. If you need attorney support in the field of heritage in Istanbul, we will be happy to provide attorneys for you.