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Articles

40 informative articles across 8 legal practice areas. Use the filter to find your topic.

Renunciation of Inheritance

Heirs may renounce an inheritance to protect themselves from the deceased's debts. The right must be exercised within a strict time limit and in accordance with procedural rules.

The renunciation period is three months from learning of the inheritance
It is made by written or oral statement before the civil court of peace
After renunciation, the estate passes to the next lawful heir
An expert can be engaged to determine whether the estate is insolvent
An heir who has acted as though accepting the estate loses the right to renounce

Missing the deadline is irreversible; if there is any uncertainty about the deceased's debts, legal advice should be obtained immediately.

Types and Validity of Wills

A will is a unilateral legal act by which a person pre-determines how their estate will be distributed after death. Turkish law recognises three types.

The official will is drawn up through a notary and offers the strongest protection
A holographic will must be written entirely by hand, dated, and signed
An oral will is valid only in exceptional circumstances (imminent death)
The testator must have legal capacity at the time of making the will
The reserved shares of forced heirs cannot be infringed — a key limiting rule

Because the validity of a will can always be challenged later, the official (notarial) form is generally recommended.

Reduction of Testamentary Dispositions

Law protects a minimum share of the estate for certain heirs. Dispositions infringing the reserved share can be reduced (abated) by court order.

Descendants's reserved share is half of their legal share
Parents' reserved share is one quarter of their legal share
A reduction claim must be brought within one year of the estate opening
Gifts and testamentary transfers are both subject to reduction
Reduction proceeds first from testamentary gifts, then from lifetime gifts

A reduction calculation cannot be made without examining transactions the deceased made during their lifetime; thorough documentary research is essential.

Fraudulent Pre-Death Transfers

Where the deceased concealed gifts to heirs by disguising them as sales or other contracts, the transaction constitutes fraudulent evasion of inheritance rights.

The allegation of fraud can be proved by any type of evidence, including witness testimony
The court examines the reality of the stated purchase price and proof of payment
Heirs may bring a title-cancellation and re-registration claim
There is no limitation period for this claim, though delay creates evidential difficulties
Enforcement records can be decisive where a sale (not a gift) is alleged

The transfer date, stated price, and payment method are all scrutinised in multi-dimensional detail; every element matters.

Estate Distribution

Where there are multiple heirs, the estate is managed jointly until distributed. If the heirs cannot agree, the court may order partition.

An estate partition agreement requires the participation of all heirs in writing
Real property transfers on partition require the official title deed procedure
Where heirs cannot agree, a dissolution-of-co-ownership action may be brought
Until partition, certain acts require all heirs' consent
An expert can be appointed to value the estate assets

An agreed partition is faster and cheaper than court proceedings; attempting to reach consensus is always worth trying first.

These articles are for general informational purposes only and do not constitute legal advice. Specific disputes should always be evaluated on the facts of the individual file.