Inheritance law is a branch of law that regulates sensitive issues such as family relations and the division of property. Azel Law and Consultancy provides inheritance law attorney consultancy services at its Ankara office to protect your rights in inheritance proceedings, resolve disputes and manage your legal processes smoothly.
Inheritance Law Solicitor: Our Consultancy Services
What is inheritance?
An inheritance is defined as the entirety of the assets, debts and rights left behind after a person's death. These assets are distributed to the heirs or in accordance with a will. Legal regulations must be adhered to for the correct distribution of the inheritance.
What Is Inheritance Law?
The law of succession is the branch of law that regulates how the remaining money and property will be distributed when assets acquired within the family structure pass down to descendants and collateral relatives following the death or disappearance of an ascendant.
The law of inheritance, regulated between Articles 495 and 682 of the Turkish Civil Code No 4721, of surviving individuals estate resolving various legal disputes such as determining the rights over the estate, obtaining the certificate of inheritance, and carrying out the division of property.
It is of great importance to work with an inheritance law lawyer in this complex process in order to prevent loss of rights and to manage inheritance procedures correctly.
What Does an Inheritance Law Solicitor Do?
An inheritance lawyer provides professional support at every stage of inheritance proceedings. By offering guidance on the distribution of an estate and the relevant legal provisions, these lawyers help to prevent the loss of rights.
Our Services as Specialist Inheritance Law Solicitors in Ankara
At our Azel Law and Consultancy Ankara office, the inheritance law solicitor services we offer with our experienced team are primarily listed below.
Determination and Distribution of an Estate
Determination and sharing of inheritance encompasses the fair distribution of the deceased's assets and rights among the legal heirs. These procedures are carried out in accordance with legal regulations and generally include the following steps:
Obtaining a Certificate of Heirship: A certificate of heirship is requested from the Magistrates’ Court to determine who the legal heirs are and what their shares of the estate are.
Determination of the Estate: The deceased’s immovable property, bank accounts, valuables and debts are identified. It is important to determine the exact amount of debts and claims in order to ensure a fair distribution of the estate.
Method of Distribution: Heirs may reach an agreement regarding the distribution of the inheritance. In this case, an inheritance distribution agreement is drawn up before a notary. If an agreement cannot be reached, an application is made to the court for the distribution of the inheritance. The court divides the assets according to statutory inheritance shares.
Title Deed and Asset Transfer Procedures: Title deeds for immovable property are transferred, whilst bank accounts are transferred to the legal heirs.
Obtaining the Grants of Probate for the Heirs Without Delay
A certificate of succession, also known as a certificate of inheritance, is an official document that identifies the legal heirs of a deceased person and specifies their shares of the estate. This document is of vital importance for initiating inheritance proceedings and identifying the entitled parties. A certificate of inheritance is required for the distribution of the estate, the settlement of debts and other related procedures. Delays may lead to difficulties in accessing the estate and legal disputes.
A certificate of inheritance can be obtained by applying to the Magistrates’ Court or a notary’s office at the deceased’s last known address. Notaries may issue this document provided that all heirs are present. The main documents required for the application are as follows:
The death certificate of the deceased.
The application letter and the applicant's identity details.
Information regarding other heirs, if necessary.
Lawsuits Concerning Fraudulent Conveyances by the Deceased
Fraudulent conveyance by the testator, this refers to a situation where the testator transfers their estate to a third party with the intention of depriving the heirs of their inheritance. In such cases, the heirs may seek redress by bringing an action for the cancellation of the title deed and re-registration. For the case to be successful, evidence must be presented to show that the testator carried out a fraudulent transaction.
Actions for Reduction
Action for reduction, is brought to have the testator’s dispositions set aside or rectified where they infringe the rights of heirs entitled to a reserved share. This action is particularly relevant where the testator has exceeded the reserved share through a will or gifts. Heirs entitled to a reserved share may assert their rights by bringing this action, which must be commenced within one year of the testator’s death.
Determination of Estate Lawsuits
Proceedings to determine the estate are brought to establish the full and accurate extent of the deceased’s assets (the estate). These proceedings are particularly important in cases where there is uncertainty regarding the assets or where there is a risk of heirs losing their rights. Through proceedings brought before the Magistrates’ Court, the immovable property, bank accounts, receivables and liabilities forming part of the estate are clarified.
Management Procedures for an Estate Company
The management of a company owned by the deceased must be arranged in a way that protects the joint rights of the heirs. The following procedures are carried out in this process:
Assessment of the Company’s Position: The company’s assets, liabilities, contracts and operational status are examined.
Distribution of Shares: Shares are distributed by determining the proportionate shares of the heirs.
Interim Management: A representative may be appointed to manage the company until an agreement is reached amongst the heirs.
Decision to Continue or Wind Up: The heirs decide whether the company should continue its operations or be wound up.
Actions for the Partition of Joint Ownership (Izale-i Şüyu)
An action to dissolve a co-ownership is brought to terminate the joint ownership of an asset by more than one person. This type of action is typically brought in cases where there is a dispute amongst heirs, particularly regarding inherited immovable property or jointly owned assets. In proceedings brought before the Magistrates’ Court, the property is either converted into cash through sale or divided amongst the co-owners.
Agreement to Renounce an Inheritance
An agreement to renounce an inheritance is a formal contract between a testator and an heir, stating that the heir is waiving their right to the inheritance. This agreement is drawn up in writing before a notary whilst the testator is still alive. The renunciation may be with or without consideration. A person who renounces their inheritance cannot claim any rights over the estate.
Carrying Out the Procedures for Renouncing an Inheritance
Renunciation of an inheritance is a legal declaration made by an heir with the aim of avoiding liability for the deceased’s debts and not accepting the inheritance. Under the Turkish Civil Code, heirs may submit a claim to renounce an inheritance within three months of the testator’s death. The following steps must be followed to complete this process:
Application to the Competent Court: Heirs must submit a written application to the Magistrates’ Court in their place of residence.
Preparation of the Required Documents: The certificate of inheritance and other relevant documents are submitted.
Declaration of Renunciation of Inheritance: The heirs formally state that they are renouncing the debts and assets of the estate.
Court Approval: The court assesses the declaration, approves the application to renounce the inheritance, and records it.
Procedures for Disinheritance and Exclusion from Inheritance
Disinheritance by law, according to the Turkish Civil Code, means that an heir legally loses their right to inheritance under certain circumstances. For example, heirs who commit a serious crime against the testator or fail to fulfil the testator's final wishes cannot be heirs by law. Deprivation of inheritance (disinheritance by will), on the other hand, is the process by which a testator excludes an heir from the inheritance through a will. However, this process can only be carried out for specific reasons, for example: the commission of a serious crime against the testator or their relatives, or the neglect of family obligations towards the testator.
Preparation of Inheritance Agreement
An inheritance contract is an agreement made between the testator and one or more persons, containing regulations regarding the distribution or disposal of the inheritance. According to the Turkish Civil Code, this contract is drawn up in official form before a notary and must comply with certain conditions. For the contract to be valid, the testator must have full legal capacity and the contract must be prepared in accordance with legal requirements.
Drafting, Opening and Execution of Wills
Drafting a Will: A will is a document in which the testator states how their estate is to be distributed after their death. It can be drawn up before a notary, in one's own handwriting, or, in exceptional circumstances, orally. To be legally valid, it must be prepared in accordance with the conditions of the Turkish Civil Code.
Probate of the Will: Following the death of the testator, the will is opened in the Magistrates' Court and its contents are announced to those concerned. The court checks the validity of the will and informs the relevant parties.
Execution of a Will: The process carried out through a court order to implement the provisions stated in a will. The division of the inheritance, the protection of reserved shares, or the fulfilment of dispositions are carried out within this scope.
Expertise and Reliability
With our legal expertise and years of experience, we are by your side even in the most complex processes.
Customer-Centric Service
By offering transparent, fast and effective solutions, we aim for the best result for you at every step.
Comprehensive Strategic Partnerships
Thanks to our strong local and international connections, we provide cross-border legal solutions.
Frequently Asked Questions in Inheritance Law and Litigation
- Lawsuits are filed in the Magistrates' Court at the deceased person's last place of residence.
- The certificate of inheritance, real estate or asset records, and a will or other documents, if any, are prepared.
- An application is made to the court with a petition. The process is initiated to determine the shares among the heirs and for the distribution.
- The court divides the property according to the legal shares or distributes it through sale.
- Disputes Among Heirs: Disagreements regarding the division of assets.
- Invalidity of the Will: The will not complying with legal requirements.
- Insolvent Estates: The passing of the deceased's debts to the heirs.
Inheritance law contains many technical and detailed regulations. An incorrect procedure or missing document can lead to protracted lawsuits and loss of rights. Working with a lawyer specialising in inheritance law offers the following advantages:
- Professional guidance in legal proceedings.
- Saving time and effort.
- Ensuring your rights are protected.
The duration of inheritance lawsuits depends on the type of case, the workload of the court, and the level of dispute between the parties.
It is important to work with an experienced inheritance law solicitor to shorten the timeframe and expedite the process.
Inheritance sharing between siblings begins first with obtaining the certificate of inheritance. This document is secured from the Civil Court of Peace and the legal inheritance shares of the siblings are determined. According to the Turkish Civil Code, siblings have equal inheritance rights; however, in the event that a mother or father is alive, their shares are set aside as a priority.
If an agreement is reached between siblings, the assets can be divided through a partition agreement drawn up before a notary. In the event of a disagreement, an application is made to the Magistrates' Court for a lawsuit for the dissolution of the partnership (izale-i şüyu). As a result of this lawsuit, the court divides the immovable properties or distributes the proceeds obtained through sale.
You can contact us for all your questions and needs regarding inheritance law. Our expert solicitors manage the process quickly and effectively to prevent you from losing your rights.
