The Turkish Civil Code governs the legal aspects of marriage and divorce, and it is the basis for determining the legal rights of spouses and their heirs. If a married couple wants to ensure that their assets are distributed according to their wishes after their death, they can make a will. However, the terms of the will must comply with the provisions of the Turkish Civil Code, and any changes to the will must be made in accordance with the legal requirements.

Article 181 of the Turkish Civil Code lays down the legal framework that governs the status of divorced spouses as legal heirs. Under this article, divorced spouses cannot inherit from each other unless otherwise provided by the terms of a testamentary disposition made before the divorce. In other words, if a couple makes a will while they are married that leaves their assets to each other, that arrangement will become null and void if they get divorced. This means that if one spouse dies after the divorce, the surviving spouse cannot inherit anything from them.

This provision is aimed at ensuring that divorces result in a complete separation of assets and legal rights between the former spouses. It also serves to protect the interests of other potential heirs, such as children or parents of the deceased spouse, who would be entitled to inherit in the absence of a valid will.

Furthermore, if a divorce case is ongoing at the time of one spouse’s death and the other spouse is found to be at fault, the surviving spouse will also be excluded from inheriting from the deceased spouse. This provision ensures that a spouse who is responsible for the breakdown of the marriage cannot benefit from their partner’s death.

It is important to note that Article 181 applies only to divorced spouses. If a marriage is ended by absolute nullity due to reasons such as one of the spouses being already married, mental illness, or kinship that prevents marriage, the marriage is deemed to have never existed, and neither spouse can inherit from the other. In this case, any testamentary dispositions made by the deceased spouse will also be invalidated. The heirs can prove the invalidity of the marriage by applying to the court for a decision on the absolute nullity of the marriage.

If a marriage is invalidated by relative nullity due to reasons such as temporary deprivation of the power of discernment, mistake, deception, or intimidation, the legal consequences are different. In such cases, if the surviving spouse is not in good faith, meaning that they were aware that the marriage was invalid, they will not be entitled to inherit from the deceased spouse or benefit from any previous testamentary dispositions. In such a case, the surviving spouse will not be able to become an heir only if the heirs prove that the marriage is invalid and the surviving spouse is not in good faith by continuing a lawsuit.

In conclusion, Article 181 of the Turkish Civil Code enables the heirs of divorced spouses to protect their legal rights. While it ensures that the dissolution of the marriage results in the complete separation of assets and legal rights between the former spouses, it also protects the interests of other potential heirs.