NHERITANCE LAW IN TURKEY: RIGHTS OF HEIRS
Inheritance law is the branch of law that governs the distribution of a person’s estate upon their death. It encompasses rules and regulations regarding how a person’s assets and liabilities are to be divided, who will be entitled to inherit, and the determination of the shares that each heir will receive.
Inheritance law is based on the legal framework and norms of a country. Each country may have its own specific inheritance laws as they are often derived from local legislation and customs. Therefore, inheritance law can vary depending on the country or region.
Inheritance Law in Turkey is a branch of private law that covers all the rules that regulate the transfer of a person’s assets in the event of their death (or the equivalent of death, such as a presumption of death). Inheritance Law in Turkey is related to the transfer of property upon death. In Inheritance Law in Turkey, the principle of private property and its continuity has been adopted.
The law provides that upon the death of the inheritor, the inheritance will pass to the heirs without the need for any action. This is known as the principle of total succession or full succession. Therefore, the heirs become the successors of the inheritance and are personally responsible for all debts. The heirs collectively own all the assets of the inheritor in accordance with the cooperative partnership principle of right ownership in participation.
DETERMINATION AND CALCULATION OF INHERITANCE SHARES
Inheritance Law in Turkey, the clan system is used to determine the inheritance shares.
First-class heirs are descendants of the inheritor.
The second group of heirs includes the parents of the inheritor and their descendants.
The third group of heirs includes the grandparents of the legator and their descendants.
The surviving spouse becomes an heir with all three groups.
First-class heirs become legal heirs. If there is no heir in the first group, the heirs of the second group will inherit.
If there is no heir in the third group, the inheritance share passes to the government if the inheritor does not voluntarily appoint an heir and their spouse does not exist.
A valid marriage contract is required for the surviving spouse to be the heir after the death of the inheritor. Engagement or de facto relationships do not give the right to be a legal heir. If the divorce is finalized, the spouses cannot be the heirs of each other. If there are heirs in the first group, those in the second and third groups cannot be heirs. Apart from the descendants of the inheritor by blood ties, those related to the inheritor through an adoptive relationship are also considered from the first class.
INHERITANCE RIGHTS OF FOREIGNERS IN TURKEY
In Turkey, the inheritance rights of foreigners are regulated by the Turkish Civil Code. The Turkish Civil Code constitutes the primary legal framework governing inheritance law in Turkey. The inheritance rights of foreigners are based on the same principles as those of Turkish citizens.
According to the Turkish Civil Code, the principle of “international personality” is generally applicable in matters of inheritance. This principle stipulates that the law of the country of citizenship of the deceased person determines the applicable inheritance law in Turkey. In other words, the inheritance rights of foreigners are evaluated according to the nationality of the deceased and the relevant rules of that country.
However, there are certain limitations and specific regulations regarding the inheritance of movable and immovable properties in Turkey. For instance, a foreigner who owns immovable property in Turkey may have more limited inheritance rights compared to Turkish citizens. In this regard, the harmony and priority rules between the legal regulations of the country of the deceased and Turkish law are taken into account.
In terms of inheritance law in Turkey, it is not important whether the heir is a Turkish citizen or not. If foreigners have acquired the title of heir in Turkey, all of their legal rights are protected, and they receive their share of the inheritance, just like Turkish citizens, in accordance with the Turkish Civil Code. The inheritance rights of foreigners are protected according to Turkish laws.
If the inheritor is not a Turkish citizen and has both cash and non-cash assets (such as immovable properties like houses, vehicles, stocks, etc.) in Turkey, first, the rules of authority are determined in accordance with the International Private and Procedural Law No. 5718 to protect inhertiance rights of foreigners in Turkey. Then, the bilateral agreements with the country of citizenship of the legator are examined.
If no obstacles are encountered, the inheritance is shared between the heirs for the assets of the inheritor. The heirs have the freedom to keep the inherited assets in Turkey or take them abroad. You can find our article on the inheritance process here.