Legal Perspective of Turkish Inheritance Law
Inheritance law is a legal domain that governs how a person’s estate—comprising assets and liabilities—is distributed after their death. It outlines who is entitled to inherit, what portion of the estate each heir will receive, and the process by which these assets are transferred. The specifics of inheritance law differ across countries due to variations in local legislation, customs, and cultural norms.
In Turkey, inheritance law is part of private law, focusing on the rules that regulate the distribution of a deceased person’s estate. This law operates under the principle that the transfer of assets occurs automatically upon the person’s death, known as the principle of “total succession” or “full succession.” This means that heirs do not need to take any legal action to claim their inheritance. Instead, they automatically inherit the deceased’s estate, becoming collectively responsible for all associated rights and obligations.
The Turkish system of inheritance is based on the principles of private property and its continuity, ensuring that property rights are preserved and transferred smoothly across generations. This legal framework also places heirs in a cooperative partnership regarding ownership, meaning they share both the assets and the debts of the estate. Consequently, understanding the intricacies of Turkish inheritance law is crucial for anyone dealing with estate matters in Turkey.
Determination of Inheritance Shares in Turkey
In Turkey, inheritance shares are determined based on a legal order system outlined in the Turkish Civil Code. This system organizes heirs into specific groups, or “orders,” based on their familial relationship to the deceased. Each order represents a different degree of closeness to the deceased, with closer relatives having priority over more distant ones.
To qualify as an order heir, an individual must be a blood relative of the deceased. The first order includes the deceased’s children and their descendants. If there are no heirs in the first order, the second order—consisting of the deceased’s parents and their descendants—becomes eligible. If there are no heirs in the first or second orders, the third order, which includes grandparents and their descendants, comes into play.
The Turkish inheritance system ensures that heirs in a closer order have priority in claiming their inheritance rights. If an heir exists in a given order, those in subsequent orders do not inherit. This hierarchical structure is designed to distribute the estate fairly according to the deceased’s closest family ties, aligning with the principles of Turkish inheritance law.
Inheritance Rights of Foreigners in Turkey
Foreigners in Turkey enjoy inheritance rights under the Turkish Civil Code, which are generally similar to those of Turkish citizens. According to the principle of “international personality,” a foreigner’s inheritance rights are governed by the laws of their own country of citizenship. This means that when a foreigner passes away, their inheritance is distributed according to the rules of their home country, not Turkish law.
However, certain restrictions apply, particularly concerning the inheritance of immovable property, such as real estate. Foreigners may face limitations compared to Turkish citizens when inheriting such assets in Turkey. The process often involves assessing jurisdiction under Turkey’s Law No. 5718 on Private International Law and Procedural Law, as well as reviewing any bilateral agreements between Turkey and the foreigner’s country of citizenship.
Despite these complexities, foreigners who are heirs in Turkey have their rights protected under the Turkish Civil Code. They can inherit both movable and immovable assets, and they are entitled to manage or transfer their inherited property abroad if there are no legal obstacles. Due to the international aspect of these inheritance rights, consulting with an experienced inheritance lawyer in Turkey is crucial to navigate potential legal challenges and ensure all rights are preserved.
