Today, many foreign citizens acquire assets by investing in Turkey. This article will examine the Turkish inheritance law and give clear information about who will inherit your inheritance in different situations. If you are going to make an investment in Turkey, or if you intend to live in Turkey, you should learn how your real estate, movable property, and other tangible assets will be shared, and in which cases your inheritance will be left to the State. Then, let’s learn the details of the Turkish Heritage Law by reading the rest of our article!
What is Turkish Inheritance Law?
Turkish Inheritance law is the branch of law that regulates who and how the assets will be transferred in case of death of the inheritor.
How many types of heirs are there?
There are two types of heirs, legal and appointed.
Who are the appointed heirs?
They are the heirs who have the right to be heirs with the will of the legator, although the legal inheritor is not the heir.
What is the parental scale system?
In the Turkish Civil Code, the group (degree) system has been accepted in order to benefit from the right to inheritance, and in order to be a legal heir, it is necessary to be included in a parental scale group. Therefore, the presence of an heir in the previous clan prevents the inheritance of the next clan.
Who are the first-degree (group) heirs?
The first-degree heirs of the legator are his descendants. In other words, they are the children, grandchildren, and subsequent heirs of the inheritor. Children are equal heirs. The share of children who died before the inheritor is divided among the other heirs.
Who are the second-degree (group) heirs?
Second-degree heirs are the parents of the inheritor. Mother and father have equal inheritance rights. Parents who died before the inheritor are replaced by their descendants through succession at all degrees. In other words, if the parents of the inheritor have died, his heirs will be his siblings and descendants of his siblings by succession. If there is no heir on one side, the entire inheritance goes to the heirs on the other side.
Who are the third-degree (group) heirs?
The 3rd-degree heirs of the inheritor are his grandparents. If the descendants of the inheritor die before the decedent, the heirs will be the grandparents.
Great-grandparents who died before the legatee are replaced by their descendants by succession in all degrees. In other words, if the great-grandparents of the inheritor died before the inheritor, the inheritor’s uncle, aunt, and their descendants will be the heirs.
- If one of the grandparents from the maternal or paternal side dies before the inheritor without any descendants, his/her share goes to the other heirs.
- If both of the maternal or paternal grandparents died before the inheritor without any descendants, the entire inheritance goes to the other heirs.
Can an adopted child benefit from inheritance?
The adopted individual and his descendants inherit only the adopter, like blood relatives. For example, the inheritance of the adopter’s father is not passed on to the adopter. The adopter and his relatives cannot inherit the adoption. The heirship of the adopted child continues in his own family.
What is the inheritance share of the surviving spouse?
The inheritance share of the surviving spouse varies according to the co-heir;
- If the inheritor becomes heir with his descendants, one-quarter of the inheritance,
- If the inheritor becomes an heir with his parents, half of the inheritance,
- If the inheritor inherits with his grandparents and their children, three-quarters of the inheritance, or if they are not, the entire inheritance goes to the spouse.
In addition, in Turkish Law, the regime of participation in acquired property has been adopted as the legal property regime in marriage, and each spouse or his heirs will be entitled to half of the residual value of the other spouse.
Does divorce affect inheritance?
With the finalization of the divorce decision, the spouse cannot be the legal heir. Divorced spouses cannot be the legal heirs of each other in this capacity. They lose the rights provided to them by the testamentary dispositions made before the divorce unless otherwise understood from the disposition. The decision of separation does not affect the inheritance. In case of death, while the divorce case is continuing, the heirs of the deceased spouse cannot be legal heirs if the case continues and the other spouse’s fault is proven.
In which cases does the state become an heir?
The inheritance of the person who dies without leaving an heir passes to the State. The heirs are limited to the third degree, and if the inheritor does not have heirs and descendants up to the third degree, the inheritance will be transferred to the state.
