Introduction Succession law concerns the distribution of a person’s property on his or her death and is a vital area that affects almost everyone. Succession law serves to consider the wishes of the individual as well to provide preservation and security of the family. Under this topic, we will discuss the principles under which the Turkish system of succession operates. Parental System Where the deceased did not provide for the distribution of his estate at his death, his estate will pass, in the proportions prescribed by law, to his relatives. These relatives are divided into four (4) groups called parentals. The first parental consists of the descendants of the deceased (i.e. children, grandchildren), the second of his parents and their descendants (i.e. parents, brothers, sisters), the third of his grandparents and their descendants (i.e. grandparents, uncles, aunts). The final group covers the great grandparents of the deceased who survived. There is a level of priority among the members of each parental and those nearest in degree take priority over those further removed and any predeceased person will be represented by his or her descendants. In addition, the heirs in the same parental participate in the estate equally. So, for instance, where there are four (4) surviving children of the deceased, the estate will be portioned on a ¼ basis. As for a surviving spouse, he or she will participate in the distribution of the estate with every parental in different portions. As such, the spouse will take a ¼ in the first parental; ½ in the second parental; ¾ in the third parental and the whole ownership in the fourth parental. Interestingly, if the deceased leaves no surviving heirs, his estate becomes the property of the State. Testamentary Dispositions A testamentary disposition may take the form of a: Limits of Free Will A testator is not wholly free to dispose of his entire estate as he pleases as the law places restrictions that are in favor of his close relatives, by what is referred to as a reserved portion. This portion is reserved for certain relatives of the deceased, including the descendants (children, grandchildren who may receive ½ of their statutory heir), ascendants (father and mother, who may receive ¼ of their statutory heir), brothers and sisters (who may receive 1/8 of their statutory heir) and the surviving spouse (share is dependent) who are classified as privileged heirs. Requirements for Being a Successor In order to fulfil the conditions of being a successor, the following must be met: Conclusion Accordingly, succession rights result from the blood relationships between the kinships and aims to protect the extended family, including imposing a reserved portion for the benefit of said family. However, to become a successor to the deceased’s estate, it is important that certain conditions be satisfied.
Turkish Succession Law was last modified: September 3rd, 2020 by
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