The Turkish Civil Code is a comprehensive law that regulates individuals' personal rights, family relations, property rights and debts. This law, which came into force on January 1, 2002, deals with important issues such as inheritance law in detail. Inheritance law is a set of rules that determine how the assets left behind by a person will be distributed after his death. Article 495 and the following articles of the Turkish Civil Code regulate the law of inheritance and secure the rights of legal heirs.
1. Introduction
1.1. Turkish Civil Code General Provisions
The Turkish Civil Code is the basic legal text that regulates the rights and responsibilities of individuals in Turkey. This law, which came into force in 2002, regulates all legal relations between individuals from birth to death.
1.2. What is Inheritance?
Inheritance is all the assets and debts left behind by a person after his death. Upon the death of the testator, these assets and debts pass to the legal heirs. Inheritance includes immovable property (houses, land), movable property (cars, furniture), rights (receivables) and debts. After the death of the testator, the heirs become entitled to this property, called estate, by inheriting it.
1.3. Who is the Heir?
The heir is the person who legally inherits the assets of the deceased upon his death. Heirs are divided into two: legal heirs and appointed heirs. Legal heirs are people who are determined by law and who inherit without the need for the will of the testator. Appointed heirs are people determined by the testator's will. The Turkish Civil Code regulates legal heirs and their inheritance shares in detail.
2. Legal Heirs
2.1. Legal Heirs
Legal heirs are the close relatives of the testator by blood. According to the Turkish Civil Code, legal heirs are listed as follows:
- Descendants: Children (including adopted children), grandchildren and subsequent generations of the deceased.
- Mother and Father: The mother and father of the deceased.
- Surviving Spouse: The surviving spouse of the deceased.
- Adoption: Persons adopted by the deceased.
- State: When there is no one as an heir or all heirs renounce the inheritance, the inheritance passes to the State.
Legal heirs become heirs without the need for any declaration of will by the testator while he is alive. These heirs have the right to inherit as long as they meet the conditions determined by the law.
2.1.1. Inheritance of Blood Relatives
In terms of inheritance of blood relatives, the group system has been adopted in Turkey. In this system, the relatives of the deceased are divided into certain groups and each group is divided into degrees within itself. Three groups are arranged for blood relatives, and each group's share of inheritance is different. The first estate includes the descendants of the deceased. The second class includes the deceased's parents and their descendants. The third estate includes the deceased's grandparents and their descendants.
2.1.2. Inheritance of Adoption and Descendants
Although the adopted child and descendant are not related by blood to the testator, they are considered first class heirs and have the rights of the descendant of the testator. The filial relationship of the testator must be valid at the time of death. Adopted children and their descendants can only inherit from the adopter; relatives of the adopter cannot inherit.
2.1.3. Inheritance of Surviving Spouse
Since the surviving spouse is not a blood relative of the testator, he is not accepted as a group heir, but he inherits together with each group. The surviving spouse's share of the inheritance varies depending on the group he inherits from. If the heir is from the first class, the inheritance share is 1/4 of the estate, and if the heir is from the second class, it is 1/2 of the estate. If there is no one in either the first or second estate, the surviving spouse's share of the inheritance becomes the entire estate.
2.1.4. Inheritance of the State
According to Article 501 of the Turkish Civil Code, the inheritance of a person who dies without leaving an heir passes to the State. State inheritance comes into play when a person dies and the deceased has no legal heirs or the testator has no authority to determine his or her inheritance. In order for the inheritance to pass to the State, there must be no legal heirs left.
2.2. Compulsory Heirs
Compulsory heirs are people who have the right to have a certain share of the inheritance, even if the testator has made a will. According to Turkish law, compulsory heirs are:
- Descendants: Children and their descendants.
- Spouse: The surviving spouse.
- Mother and Father: Parents of the testator.
Compulsory heirs have the right to demand a certain share of the inheritance, called reserved share, even though the testator distributes the inheritance as he wishes with the will. Reserved share is the share of inheritance that the testator has to allocate to certain heirs, and these heirs are protected against the will of the testator.
3. Inheritance Shares
3.1. Determination of Inheritance Shares
Determination of inheritance shares is made according to the groups and ranks of the heirs. The Turkish Civil Code divides heirs into three groups:
- First Estate: Descendants of the deceased (children, grandchildren).
- Second Estate: The deceased's parents and their descendants.
- Third Estate: The deceased's grandparents and their descendants.
Inheritance shares are determined according to the priority and succession relationship between the groups. If there is an heir in the first class, the other classes cannot be heirs. The estate system ensures a fair distribution of inheritance and protects the rights of heirs.
3.2. Distribution of Inheritance Shares
Distribution of inheritance shares is made in accordance with legal regulations and the will of the testator. Inheritance shares are distributed among legal heirs as follows:
- First Estate: The children of the testator inherit equally. If one of the children dies, his share passes to his children (grandchildren).
- Second Estate: Mother and father inherit equally. If someone dies, his share passes to his descendants.
- Third Estate: Grandparents inherit equally. If someone dies, his share passes to his descendants.
The surviving spouse receives a share of the inheritance at different rates depending on which group he inherits from:
- With the First Estate: 1/4 of the estate.
- With the Second Estate: 1/2 of the estate.
- With the Third Estate: 3/4 of the estate.
- If there is no class: The entire estate.
4. Heirs with Hidden Shares
4.1. Reserved Share Rates
Reserved share rates are specified in Article 506 of the Civil Code:
- The reserved share of the descendants is half of the legal inheritance share.
- The reserved share of the mother and father is one quarter of their legal inheritance share.
- The spouse's reserved share is the entire legal inheritance share if he/she is together with the first and second class heirs, and four-thirds of the legal inheritance share if he/she is an heir with the third class or alone.
5. Distribution of Inheritance
5.1. Inheritance Sharing Procedure
Distribution of inheritance is the process carried out to ensure that the heirs receive their rights on the estate equally and fairly. Distribution transactions can be made by the agreement of the heirs or by court decision. Distribution by agreement means that the heirs divide the estate assets by agreement among themselves. In case of disagreement, inheritance sharing is carried out by the civil court of peace.
5.2. Inheritance Sharing Procedures
Inheritance division procedures consist of the stages of determining the value of the estate and creating shares. First, all assets and debts are calculated to determine the value of the estate. Then, shares are created according to the rights of the heirs. These shares are distributed either as they are or by converting them into cash, depending on the nature of the assets. The court takes into account local customs, the personal situations of the heirs and the wishes of the majority to ensure a fair distribution.
6. Denial of Inheritance and Waiver
Rejection of inheritance is the declaration of the heir's will not to accept the inheritance left to him. Rejection of inheritance is made by a written statement to be made to the civil court of peace within three months from the death of the testator. If the inheritance is rejected, the share of the rejecting heir passes to the other heirs.
Waiver of inheritance is the giving up of one of the heirs' right to inherit while the testator is alive. This process is done through a formal contract and the consent of the testator is required. Renunciation of inheritance means that the heir completely gives up his right to inherit and this right cannot be taken back.
7. Liquidation of the Inheritance
7.1. Liquidation Procedure of Inheritance
Liquidation of the inheritance is the final process before the debts of the deceased are paid and the assets are distributed among the heirs. Liquidation includes the stages of determining the assets and debts of the estate and making the necessary payments. Since the heirs are responsible for the debts of the estate with their own assets, liquidation procedures must be carried out carefully and meticulously.
7.2. Liquidation Procedures of Inheritance
Liquidation of the inheritance includes the stages of paying the debts of the estate, collecting receivables and calculating the net value of the estate. First, the debts of the testator are determined and these debts are paid from the estate assets. Then, the net value of the estate is calculated and distributed among the heirs. During liquidation procedures, the rights of the heirs must be protected and a fair distribution must be ensured.
8. Inheritance Cases
8.1. Rejection of Inheritance Case
The case for rejection of inheritance is the case filed by the heir if he wants to exercise his right to reject the inheritance. The heir can reject the inheritance when he thinks that the debts of the testator will damage his own assets. In this case, the rejection of the inheritance is declared to the court and the necessary documents are submitted. The court evaluates and decides on the request for rejection of the inheritance.
8.2. Division of Inheritance Case
The suit for division of inheritance is a lawsuit filed by the heirs for a fair distribution of the estate. In case of disagreement between the heirs, an application is made to the civil court of peace for the distribution of the estate. The court decides on a fair division by evaluating the rights of the heirs and the status of the estate. In the case of division of inheritance, it is possible to divide the inheritance as it is or by converting it into money.
9. Frequently Asked Questions About Legal Heirs and Inheritance Shares
1. What is Legal Inheritance?
Legal inheritance refers to the determination of the persons to whom a person's assets will be legally transferred in case of death. In cases where no will has been made or the existing will is invalid, legal heirs step in and become entitled as heirs. Legal inheritance ensures that the inheritance is distributed fairly and the rights of the heirs are protected.
2. How to Calculate Savings Rate?
The savings rate is calculated by considering the estate as a whole number and subtracting the sum of the reserved interest rates from one. When calculating the savings rate, the decedent's debts, funeral expenses and costs of sealing the estate are subtracted from the estate. The values to be added to the estate are gains subject to equalization and reduction and the purchase price of life insurance.
3. What is Inheritance Sharing?
Inheritance sharing is the process that determines how the assets and assets of the testator will be distributed among the heirs after his death. The division of inheritance is made within the framework of the will or legal inheritance provisions and is generally carried out equally and fairly among the heirs. The heirs share the inheritance assets according to the determined inheritance share rates. In case of dispute, each heir may request the division of the inheritance from the civil court of peace.
4. How to Calculate Inheritance Share?
Heirs' inheritance shares are calculated according to various factors. For example, if the testator dies and leaves behind his mother, two sons and his wife, the children are in the first class and inherit together with the surviving spouse. In this case, the surviving spouse's share of the inheritance becomes one-fourth of the estate. The two children in the first group share the remaining inheritance equally.
5. If one of the spouses dies while the divorce case is ongoing, will the surviving spouse be the heir?
If one of the spouses dies while the divorce case is ongoing, the surviving spouse becomes the heir, unless a divorce decision has been made. However, according to TMK Article 181, if one of the heirs of the deceased spouse continues the case while the divorce case is ongoing and proves that the other spouse is at fault, the surviving spouse cannot be the heir.
6. What is done if the testator's heirs appear after the inheritance is transferred to the state?
If heirs appear after the inheritance passes to the State, these heirs can file a claim for inheritance.
7. Are Siblings Among the Heirs with Hidden Shares?
With the regulation dated 10.05.2007, siblings were excluded from the heirs with reserved shares.
8. When an adopted child dies, does the inheritance pass to the adopter?
Adoption and descendants are the heirs of the adopter; However, the adopter is not the heir of the adopted child and descendants. Therefore, if the adopted child dies before the adopter, the inheritance does not pass to the adopter.
9. Can Relatives Born Outside Marriage Be Heirs?
The inheritance of children born outside of marriage from the father's side depends on the establishment of lineage. When paternity is established between a child out of wedlock and the father, the child becomes the heir; If there is no lineage, there cannot be an heir.
10. Conclusion and Evaluation
The Turkish Civil Code aims to protect the rights of heirs and ensure the fair distribution of inheritance by making detailed regulations on inheritance law. Legal heirs and inheritance shares are determined through the class system, and this system determines who the heirs will be and how the inheritance shares will be distributed. Issues such as inheritance sharing, inheritance rejection and waiver, inheritance liquidation and inheritance cases are important elements of inheritance law and aim to protect the rights of the heirs. These regulations secure the rights of the heirs by ensuring a fair and orderly distribution of the inheritance.