Turkish Inheritance Law
Inheritance means property received from a decedent which is either guaranteed by will or through state laws. It is what one receives upon death of a relative. Inheritance law is a governmental application that deals with distribution of a person’s inheritance in case of death. This division and distribution process of a person’s properties is protected and determined by government’s laws. Due to Turkish government’s shifting policies regarding the issue of inheritance, this topic is always a subject of change and should be managed by professional law advisors with upmost care.
Successors of Inheritance by Law
If a person has not fulfilled a will by their death, their properties and various ownings will be distributed among their relatives according to inheritance laws. These people who inherits such owning are called ‘’heir.’’ There are categories of heirs determined at such occurrences. First heirs of such person are their own children (both illegitimate and adopted children are subject of same rights), and their spouse. If deceased person lacks any descendant or a spouse, their parents are considered as reserved heirs. In the case of reserved heirs lack as well, siblings of that person are considered to inherit their ownings. Last to inherit property and ownings of deceased person is grandparents and their children according to the Turkish Inheritance Law. If deceased person lacks to provide any available heirs, all of their property, money and various ownings are subject to become a property of the Turkish Government.
Process of Will
Person that possesses a full mental capacity and has fifteen years of age are able to execute a will by the range of law. A will has two different types according to the Turkish Inheritance Law.
This will be prepared and processed by government officials such as Peace Court judge or notary by the descriptions and claims of the testator. Confirmed by two witnesses and government officials, this type of will is not subject of abolishment. This type of will is the most secured one but requires different notary fees, advising and also lacks secrecy that handwritten will provides.
As its name suggests, this is a document transcribed by testator on its entirety. This type of will requires signature, place of preparation and date all written by the testator. Providing essential secrecy and easiness to prepare, handwritten will could be refuted by various reasons such as other people’s involvement or not having the mental stability.
Inheritance of Property Among Heirs
Partition and distribution of property owned by a deceased person could result in many disputes if there are more than one designated heir. Before the partition of property, its integrity is considered a common property of all heirs. They all are required to act together in order to come with a decision if it needs to be called for the situation of property. If no will or testament is made before the death of a person, an heir must apply to the Peace Court in order to determine the eligible heirs and their shares.
Every Turkish people have the obligation to pay an inheritance tax in such occurrence. However, if a person acquires property through inheritance and does not reside in Turkey, then he would not have to pay it. If a foreign person who lives within the borders of Turkey and inherits property in Turkey, then he would be obliged by law to pay this tax. Foreigners married to a Turkish Citizen who receive an inheritance are subjected to this tax. Foreigners who live within Turkey but not married to Turkish citizens are not subjected to Turkish inheritance law, but to the laws in their country of origin.
Matter of partition, distribution and determination of inheritance is a sensitive matter that should be handled by professionals working in this field. Here at Trem Global, we provide upmost care and help with our experienced professional legislative department for all of our clients. If you wish to handle such problems, don’t hesitate to contact us. We are also able to assist you if you wish to make best of your inherited properties.