Inheritance Law Services in Turkey

In Turkey, just like anywhere else, inheritance law plays a critical role in safeguarding and transferring assets and properties. Inheritance law in Turkey covers various topics such as the different types of heirs, intestate succession, will preparation, taxation on inheritance, and other intricacies.

As Viridis Legal Partners, we offer to deliver inheritance law services tailored for our clients residing abroad and clients in Turkey as well. As your best inheritance lawyers in Istanbul, we are here to support you through the many regulations of probate law, assist you in making a will, and ensure a seamless transfer of assets to the heirs.

What is Turkish Inheritance Law?

Turkish inheritance law, governed by the Turkish Civil Code, aims to protect the extended family and imposes a reserved portion or statutory share for the benefit of the family members including surviving spouse, descendants, and parents. It is important to note that in Turkey, the entire property does not go to the surviving husband or wife. Instead, the estate is distributed among legal heirs according to the clan or degree system.

Types of Heirs in Turkish Inheritance Law

In Turkish inheritance law, there are two types of heirs: legal heirs and appointed heirs. Legal heirs become heirs based on the clan system, while appointed heirs are selected as heirs through the will of the deceased. The degree of relationship to the deceased determines the parental or clan group to which the legal heirs belong. The first-degree legal heirs include the descendants of the legator, the second-degree legal heirs are the parents and their descendants, and the third-degree heirs are the heirs depending on the grandparents. In the event that the testator determines to be the heir over the whole or a certain proportion of his/her inheritance with the will, the appointed heir will be in question.

Intestate Succession in Turkish Inheritance Law

When a person passes without leaving a valid will, the rules of intestate succession come into play. Turkish inheritance law specifies how the estate will be distributed among the legal heirs based on their degree of relationship to the deceased. Spouses, children, parents, and other relatives are entitled to a share of the estate according to predefined percentages.

Legal Transactions Upon Death

All of the transactions made by the heir during his/her lifetime regarding what will happen to his/her assets upon his/her death are analysed under the title of testamentary dispositions. The most common types of testamentary dispositions in Turkey are wills and inheritance contracts. There are many formal requirements for these dispositions, as well as the legator must be competent at the time of the disposition and must not interfere with the reserved shares of the legal heirs.

How To Make a Will in Turkey

In principle, a will is a declaration of the deceased person indicating what he/she wishes to be fulfilled after his/her death and how he/she wishes his/her inheritance to be shared. In Turkish law, a will can be made verbally or in writing. Accordingly, three types of wills are regulated in Turkish law: official wills, written wills and oral wills. Strict formal requirements are stipulated in the law for each type of will, and it is possible to file a lawsuit for the cancellation of the will if the will is not drawn up in accordance with these formal requirements or if the testator does not have the capacity to make the will.

A will is the most commonly used type of legal transaction due to death besides the inheritance contract. It can be defined as a legal transaction in which the testator declares in writing or orally the manner of inheritance distribution that he expects to be fulfilled after his death. In Turkish law, although a will can be drawn up orally, in writing or officially, the written will is almost never used along with the oral will due to the fact that it is very difficult to prove. An official will is a will drawn up in the presence of a notary public and witnessed by two witnesses. In Turkish law, it is often the case and mostly recommended to issue a formal will. Foreigners can also make a will or be heirs by will on the estates in Turkey.

In Turkey, the role of the courts and therefore the role of lawyers in inheritance law is indispensable. All procedures such as the opening, reading, or evaluation of the validity and cancellation of the will are carried out by filing a lawsuit and through the court. Again, the certificate of inheritance is issued by a notary or a court, and the objection to the certificate of inheritance is made through the court. For this reason, it is significant to get legal aid from a lawyer at every stage of inheritance law.

Inheritance Contracts In Turkey

Inheritance contracts are the agreements in which the inheritor determines how he/she will partially or completely divide his/her inheritance in his/her lifetime. Unlike a will, inheritance contracts are bilateral legal transactions, with one party being the legator and the other party being third party or some or all of the heirs.

In order for the inheritance contract to be valid, it must fulfill certain conditions such as meeting certain formal requirements as in the case of a will, the parties must be competent during the transaction, and it must fulfill conditions such as not touching the reserved shares of the heirs. However, inheritance agreements may be positive or negative, in other words, an inheritance waiver agreement is also possible.

In Turkish Law, unlike a will, the heir must be an adult in order to conclude an inheritance contract. In addition, inheritance agreements can only be made in writing at a notary public.

Taxation on Inheritance in Turkey

In Turkey, inheritance tax is applied to a certain value of estates and is subject to varying rates depending on the year of the gift but not on the degree of relationship between the deceased and the heir.

Our Services As Turkish Inheritance Lawyers
Turkish inheritance law can be complex and overwhelming, especially during emotionally challenging times. Engaging the services of experienced inheritance law attorneys can provide peace of mind, ensuring that your assets are distributed in accordance with your wishes and within the confines of the law.

Inheritance of Foreigners in Turkey

Turkish Law does not provide for a distinction between foreigners and Turkish citizens in terms of the right of inheritance. Foreigners can be heirs just like Turks. However, with the inclusion of the foreign element in inheritance disputes, problems such as determining the applicable country law arise. The Law on the Application of Private International Law stipulates that in disputes involving foreigners, the primary law is the national law of the deceased. However, Turkish law shall apply to the immovables located in Turkey in any case.

Expertise in Probate Services

As Viridis Legal Partners, we offer thorough assistance with the probate process in Turkey rendering guidance for our clients through the legal steps involved in validating a will and distributing the deceased’s assets to the rightful heirs. By handling all aspects of probate administration, we ensure a smooth transfer of assets with minimal disruption to the family.

Will Preparation Services

Preparing a clear and legally binding will is of utmost importance. As Viridis Legal Partners with our team of experienced will and trust attorneys assist you in crafting airtight wills that reflect your wishes and protect the interests of your beneficiaries. Whether the estate requirements are straightforward or complex, we ensure that the will complies with Turkish laws, mitigates potential disputes, and secures the future of loved ones.

Inheritance Lawyer Services for Disputes

Inheritance disputes can be emotionally charged and legally intricate. Our team of Turkish inheritance lawyers provide specialized representation in cases of contested wills and inheritance conflicts to negotiate settlements and, if necessary, vigorously to defend our clients’ rights in court. The aim is to achieve fair resolutions, protect clients’ legacies, and minimize stress and potential family discord.

Additional Inheritance Services

Turkish inheritance lawyers offer a comprehensive suite of inheritance services, including estate planning, asset protection, inheritance tax planning, and representation in international inheritance matters. They customize estate plans to protect and preserve assets during one’s lifetime and ensure a smooth transfer of assets upon death. These lawyers also implement legal strategies to safeguard assets from potential creditors and claims, advise on tax-efficient solutions, and navigate cross-border inheritance complexities.

International Inheritance Issues In Turkey

As Viridis Legal Partners, specializing in Turkish inheritance law, we are well-equipped to handle international inheritance matters to aid individuals with assets in Turkey and overseas, ensuring a seamless transfer of assets and compliance with international laws. With expertise in varying legal systems, tax implications, and cultural differences, we provide tailored solutions to our clients, whether they are non-residents seeking guidance on Turkish assets or Turkish residents with assets abroad.

Conclusion

Inheritance law in Turkey is governed by the Turkish Civil Code and imposes specific regulations on the transfer of assets and properties. Understanding the intricacies of Turkish inheritance law is essential for individuals seeking to ensure a smooth transfer of their assets to rightful heirs. Engaging the services of experienced Turkish heritage lawyers of Viridis Legal Partners can provide the necessary guidance and expertise to navigate the complexities of the legal system, creat