Every passing of a person raises an issue about the estate of the deceased and its division among his/her heirs. In the Turkish law of inheritance, this issue can either be resolved peacefully amongst the heirs or in a war in case there is no peace sustained, then the court has to be called to zone divide the estate. In this article We will analyze the aspects of inheritance division under the legal system of Turkey in details as it has been done in British and American legal terminologies so as to appeal to a wider readership.
Inheritance Distribution Methods
Consensual Inheritance Distribution (Anlaşmalı Miras Paylaşımı)
As the name suggests, this type of distribution applies when all of the heirs have agreed on the way the estate will be divided. Heirs may opt to distribute the properties in person or sign a distribution/Pact Agreement for effecting such division.
Judicial Inheritance Distribution (Yargısal Miras Paylaşımı)
When the family members are unable to resolve the disagreement amicably, the dispute is resolved by way of a court action, and the court apportions the estate in accordance with the Turkish law on succession, the Turkish Civil Code (Türk Medeni Kanunu, TMK) and its proceedings.
Legal Provisions Governing Inheritance Distribution
While every heir is entitled to a share of the inheritance, all the right to the inheritance is kept in joint ownership until the rightful shares are properly allotted. In case the deceased left no will or any other testamentary document providing for distribution terms, or the heirs cannot reach an agreement, the law prescribes the order of distribution of inheritance. Aspects of Inheritance Distribution Analysis in the Turkish Legal System
Judicial Distribution Process
Pursuant to the provisions of Article 642/2 of the TMK, any heir has the right to request that the succession be terminated by a sale of the assets if a primary distribution is not possible.
The relevant authority for all such matters shall be the Civil Court located at the last known residence of the deceased.
The court may divide the shares of the inheritors in the real estate assets among them or may give such estates to any particular heir and depending on the value differences, may provide cash compensation.
Inheritance Among Brothers and Sisters
The distribution among siblings is, however, of a different approach if it concerns the descendants of the decedent themselves (first degree heirs) or his or her brothers and sisters (second degree heirs).
For first degree heirs the estate is divided equally among them. If one of the siblings dies before the deceased then his share is given to his children.
Second degree heirs have a right to inherit only in the absence of first degree heirs. The parents of the deceased (where pertinent) take precedence over the siblings of the deceased.
Role of Spouse in Inheritance
The surviving spouse's entitlement varies with the existence of other heirs. For instance, if the deceased is survived by a spouse and children, the spouse is entitled to one-fourth of the estate, while the balance will be divided among the children equally.
Legal Time Limits for Inheritance Distribution
There is no specific time limit for the division of an estate to be incurred. Any of the heirs can at any time apply for distribution proceedings as long as no division has been made.
Handling Disputes in Inheritance Distribution
Where the heirs cannot agree on the manner of sharing the estate, they can apply for a court’s order for distribution of the estate. It is important to obtain legal assistance so that one is able to understand the principles of inheritance law without any complication and make sure that the distribution is done reasonably and legally.
Indeed, dealing with the complexities of understanding inheritance law alone can, at times, be difficult especially due to the existence of multi-cultures where different terminologies and legal systems intertwine. Especially, for the heirs and legitimate successors, it is important to know about the variation of possibilities concerning both amicable as well as probate divisions of inheritance. Particularly, for those who have legal succession concerns according to Turkish law, it is advisable to seek the counsel of an experienced attorney who has knowledge of both the local law and international issues as well.
If you are looking for professional opinion and assistance on how to distribute an inheritance under Turkish regulations, please reach out to our legal team at CCS Law.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
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