TURKISH INHERITANCE LAW

cindemir@cindemir.av.tr
There are two types of heirdom according to Turkish inheritance law (Turk Miras Hukuku). The first heirdom type is a statutory. The second type is based on the appointment of inheritors by means of the deceased. This heirdom is a voluntary option which can be implemented by the deceased.

Can a deceased make testamentary disposition with his all assets indeterminately to one party?
According to Turkish law, it is not possible to involve in this type of transaction due to Heritage Law of Turkey. There are untouchable shares pertaining to some inheritors which are defined by Turkish Inheritance Law. On the other hand, there is a part excluding untouchable shares of statutory inheritors as a disposable portion and deceased can take an action on this part.


Who are the statutory inheritors?
The Turkish Law describes them as a consanguineous heir (relative by blood), spouse and adopted children. The relatives by blood is governed by the principle of parental system. According to this system, there are three degree of relationship.
The members of first degree have unlimited capacity on inheritage without any condition.
On the condition that there is no inheritor remained(living) in the first degree, the members of second degree can be inheritor. The members of this degree is the father and the mother of the deceased.
In case that nobody can not be also found in the second degree, then the members of the third degree can be inheritor. Grand father and grand mother are defined in this degree according to the law.


What are the features of this said degrees of relationship?
There is a person in every degree and the personâ's descendant
Partition of the estate is carried out in accordance with the descending line
Title by descents for the inheritors in the sub-kinship line (Children and spouse).
The children of the deceased are the primary inheritors and they have all equal shares on their fatherâ's or motherâ's asset.
Title by descents of the (grand) father and the (grand) mother
In case that children of deceased are lacking, the mother and father of the deceased becomes the inheritors. Mother and father go halves of all assets remained by the deceased. In case that only one of the parent are alive then the all assets shall be transferred to him/her
In the absence of the father and the mother, all assets are bequested to the grand father and the grand mother. They both have also equal shares for the assets remained. In case that only one of grand parent is alive then the all assets shall be transferred to him/her
Status of Adulterines
The adulterines have the same status as the children born in legitimate marriage.


The Title by Descents of Alive Spouse
Title by descents of alive spouse is determined in accordance to other inheritorsâ' status.
In presence of the spouseâ's childr(en), 1 of the asset remains to alive spouse and 3 of the asset remains to the childr(en).
If the spouse is inheritor with the parents of desceased, half of the asset inherits from the desceased.
If the spouse is inheritor with the grand parents of desceased, 3 of the asset inherits from the desceased
In lack of said relatives, all of the assets remains to alive spouse">

This article tells about the share percentage of the inheritors and generally aims to describe main principles of Turkish Inheritance Law. The article contains questions and answers related to the issue.

Inheritance law comes to an issue as a situation of a person's death. This branch of law encompasses legal effects of the death, inheritorsâ' situation, procedure of disposition the heritage and its form. Accordingly, this branch of pertaining to the law of assets.
How many types of heirdom exists in Turkish Law?

There are two types of heirdom according to Turkish inheritance law (Turk Miras Hukuku). The first heirdom type is a statutory. The second type is based on the appointment of inheritors by means of the deceased. This heirdom is a voluntary option which can be implemented by the deceased.

Can a deceased make testamentary disposition with his all assets indeterminately to one party?
According to Turkish law, it is not possible to involve in this type of transaction due to Heritage Law of Turkey. There are untouchable shares pertaining to some inheritors which are defined by Turkish Inheritance Law. On the other hand, there is a part excluding untouchable shares of statutory inheritors as a disposable portion and deceased can take an action on this part.


Who are the statutory inheritors?
The Turkish Law describes them as a consanguineous heir (relative by blood), spouse and adopted children. The relatives by blood is governed by the principle of parental system. According to this system, there are three degree of relationship.
The members of first degree have unlimited capacity on inheritage without any condition.
On the condition that there is no inheritor remained(living) in the first degree, the members of second degree can be inheritor. The members of this degree is the father and the mother of the deceased.
In case that nobody can not be also found in the second degree, then the members of the third degree can be inheritor. Grand father and grand mother are defined in this degree according to the law.


What are the features of this said degrees of relationship?
There is a person in every degree and the personâ's descendant
Partition of the estate is carried out in accordance with the descending line
Title by descents for the inheritors in the sub-kinship line (Children and spouse).
The children of the deceased are the primary inheritors and they have all equal shares on their fatherâ's or motherâ's asset.
Title by descents of the (grand) father and the (grand) mother
In case that children of deceased are lacking, the mother and father of the deceased becomes the inheritors. Mother and father go halves of all assets remained by the deceased. In case that only one of the parent are alive then the all assets shall be transferred to him/her
In the absence of the father and the mother, all assets are bequested to the grand father and the grand mother. They both have also equal shares for the assets remained. In case that only one of grand parent is alive then the all assets shall be transferred to him/her
Status of Adulterines
The adulterines have the same status as the children born in legitimate marriage.


The Title by Descents of Alive Spouse
Title by descents of alive spouse is determined in accordance to other inheritorsâ' status.
In presence of the spouseâ's childr(en), 1 of the asset remains to alive spouse and 3 of the asset remains to the childr(en).
If the spouse is inheritor with the parents of desceased, half of the asset inherits from the desceased.
If the spouse is inheritor with the grand parents of desceased, 3 of the asset inherits from the desceased
In lack of said relatives, all of the assets remains to alive spouse.

ABOUT THE AUTHOR: Attorney Gokhan Cindemir
He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkey and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.
Copyright Cindemir Law Office

It is our relevant article : Turkish Inheritance Law