Legal assistance in inheritance law cases

Inheritance Law in Turkey: General Principles and Practices

**Basic Concepts of Inheritance Law

**What is Movable Property (Movable Property)?

All tangible assets that can be moved.

Examples: money, gold, negotiable instruments, vehicles, etc.

**What is Immovable Property (Real Estate)?

They are assets that are tied to the land and cannot be moved.

Examples:Lots, apartments, houses, workplaces, etc.

Law Applicable to the Transition of Inheritance in Turkey

The inheritance of immovable property in Turkey is governed by Turkish law.

Therefore, both Turkish citizens and foreigners inherit real estate in Turkey according to the Turkish Civil Code.

A different rule applies to movable property:

• The law of the country where the deceased is a citizen applies

  (even if the goods are available in Turkey).

📌 The "reserved share" is protected even if there is a will.

Under Turkish law, the mandatory inheritance share reserved for certain close heirs cannot be removed by will.

Legal Heirs and Shares

Under Turkish law, compulsory inheritance shares are regulated as follows:

1st Degree Heirs - Children and Spouse

Mate:25%

Children:75% (divided equally)

If there is no spouse: 100% passes to children.

Wife + No Children

• Mate:50%

Mother-father:50% (equal share)

With Wife, Children and Parents Absent

• Spouse → 100% becomes heir.

Wife, Child and Parent Otherwise

Inheritance passes in this order:

1st Brothers (3rd degree)

2. Grandparents and their children

   (uncle, uncle, aunt, aunt - 4th degree)

If spouse is alive: 50% spouse, 50% other relatives.

**If There Are No Heirs?

• Immovables in Turkey → pass to the state.

• For movable property → the law of the nationality of the deceased applies.

**Leaving an Inheritance by Testament

The testator can make anyone he/she wishes as heir by making a will.

However, for the will to be valid:

• The capacity of the deceased must be complete

• Must be regulated in accordance with Turkish law

• The same procedures should be followed for foreign heirs

**Debts incurred in the name of Muris are also part of the inheritance.

Duration of refusal of inheritance:

➡️ 3 months from the opening of the inheritance.

**Reasons for Denial of Inheritance (Disinheritance)

In some cases, a person may be disinherited:

• Crimes committed against the muris or other heirs

• Preventing the preparation of a will

• Gross violation of parental duties towards children (step/biological)

• Sham / marriage of convenience

• Failure to fulfill obligations arising from family law

All of these reasons must be proven by a court decision.

Inheritance Tax in Turkey

The 2020 regulations did not change the inheritance tax.

Tax rate:

➡️ Vary between 1% - 30%

It differs according to:

• City where the immovable is located

• Value of inheritance

• Number of inheritance items

Term of Use of Inheritance Right

The right to inheritance in Turkey:

➡️ Must be used within 10 years.

If no application is made within this period - the inheritance passes to the state.

Inheritance Transactions of Foreigners: Notary and Courts

For Turkish citizens, transactions can usually be done through a notary public as the information is in e-Government.

For foreigners:

No record in the state system

➡ **all proceedings are conducted through the court.

** Land Registry (Cadastral) Transactions

Foreign heir, after obtaining certificate of inheritance from the court:

1. Applies to the Cadastral Directorate

2. Request title deed transfer

3. The real estate is registered in the name of the heir

📌 The court decision only applies to property in existence at the date of the decision.

Inheritance Procedures for Foreigners in Turkey in 2024

Foreign heirs must prepare the following documents:

• Certificate of inheritance from a Turkish court

• Apostilled documents:

  • Birth certificate

  • Marriage certificate

  • Death certificate

  • Declaration that there are no other heirs

• Turkish translations

• Notarizations

📌 All of these procedures are obligatory.

**Why You Should Seek Professional Legal Assistance

Inheritance law in Turkey is a complex area; it can be even more challenging for foreigners:

• Missing deadlines

• Preparation of false documents

• Delay in title deed transfer

• Conflict with other heirs

• Risk of loss of rights

Tuncay & Barcin Law Office lawyers:

Handles all litigation and applications

Prepares documents

Completes title deed transactions

Manages the entire process without requiring the heir to come to Turkey

All you need to do is → give a power of attorney to a lawyer.