Understanding inheritance laws is important, especially if you have family or property in Turkey. This guide will explain how inheritance works in Turkey in simple terms that anyone can understand. Learn about who can inherit, making a will, and protecting your inheritance rights in Turkey.
Overview of Turkish Inheritance Law
Inheritance in Turkey is governed by the Turkish Civil Code (Türk Medeni Kanunu). This law sets the rules for who gets what when someone passes away. Turkish inheritance law combines forced heirship (certain family members must receive a part of the inheritance) with testamentary freedom (the ability to decide who inherits through a will).
Key Principles:
Universal Succession: All assets of the deceased are inherited.
Protection of Statutory Heirs: Certain family members are guaranteed a share.
Equal Treatment of Heirs: Heirs in the same category receive equal shares.
Reserved Portion Rights: Specific shares are reserved for close family members.
Who Inherits in Turkey
Turkish law divides heirs into different classes. Each class inherits only if there are no heirs in the previous class.
First Degree Beneficiaries
Children and Their Descendants: Sons and daughters, including adopted children.
Surviving Spouse: The husband or wife of the deceased.
Equal Distribution: All children receive the same amount.
Reserved Portion: 75% of the inheritance is reserved for the children.
Second Degree Beneficiaries
Parents and Their Descendants: If there are no children, the parents inherit.
Reserved Portion: 50% of the inheritance is reserved for the parents.
Third Degree Beneficiaries
Grandparents and Their Descendants: If there are no children or parents, grandparents inherit.
Reserved Portion: 25% of the inheritance is reserved for the grandparents.
Spouse's Special Rights
The surviving spouse has special rights in Turkish inheritance law:
With First-Degree Heirs: The spouse gets 1/4 of the inheritance.
With Second-Degree Heirs: The spouse gets 1/2 of the inheritance.
With Third-Degree Heirs: The spouse gets 3/4 of the inheritance.
No Other Heirs: If there are no other heirs, the spouse inherits everything.
Reserved Portion: 50% of the spouse’s legal share is protected.
Making a Will in Turkey
You can create a will to decide how your property is distributed after you die. However, Turkish law requires that certain family members receive a part of the inheritance, even if you write a will.
Types of Wills:
Handwritten Will (El Yazılı Vasiyet): Written entirely by hand.
Official Will (Resmi Vasiyet): Made in front of a notary public.
Oral Will (Sözlü Vasiyet): Spoken in special situations, but this is rare.
Disinheritance
You can choose not to leave part of your inheritance to certain family members, but only under specific conditions:
Serious Crimes: If someone commits a serious crime against you.
Family Obligations: If someone seriously breaks family duties.
Must Be Stated Clearly: Disinheritance must be clearly written in the will.
Legal Grounds: You need a valid reason to disinherit someone.
Inheritance for International Cases
If you have property or family in other countries, Turkish inheritance laws may still apply:
Immovable Property: Turkish law applies to property like land and buildings in Turkey.
Reciprocity Principle: Turkey may follow the laws of other countries if they treat Turkish citizens similarly.
International Treaties: Agreements between countries can affect inheritance rights.
Dual Citizenship: If you have citizenship in two countries, both countries' laws might apply.
How to File an Inheritance Claim
To claim your inheritance in Turkey, follow these steps:
Find the Will: Locate the will to see the deceased’s wishes.
Apply for Probate: Submit the will to the court, or apply for probate if there is no will.
Pay Inheritance Taxes: Calculate and pay any taxes due.
Distribute the Estate: The court will oversee the distribution of the estate.
Transfer Property: Legally transfer any property to the heirs.
Tax on Inheritance
When you inherit in Turkey, you may need to pay inheritance tax:
Progressive Rates: Taxes increase with the value of the inheritance.
Exemptions: Close family members pay lower taxes.
Foreign Assets: Special rules apply if the inheritance includes property in other countries.
Declarations: You must declare the inheritance to the tax authorities.
Protecting Your Rights as a Beneficiary
To protect your inheritance rights in Turkey:
Register Claims Quickly: File your inheritance claim as soon as possible.
Get Official Heir Certificates: Obtain certificates that prove you are an heir.
Hire a Lawyer: A lawyer can help you navigate the legal process.
Monitor Estate Administration: Keep an eye on how the estate is being managed.
Assert Reserved Portion Rights: Make sure your reserved portion is protected.
Inheritance in Turkey follows specific laws to ensure that family members receive their rightful shares. Whether you are planning your own estate or dealing with someone’s inheritance, understanding these laws can help you manage the process smoothly. By knowing who inherits, how to make a will, and how to protect your rights, you can ensure that your or your family’s wishes are respected.
Frequently Asked Questions (FAQs)
1. Do I need a will in Turkey?No, but having a will helps ensure your assets are distributed according to your wishes within Turkish laws.
2. Can I leave everything to one person in my will?No, Turkish law requires certain family members to receive a share of the inheritance.
3. How much inheritance tax do I have to pay in Turkey?The tax depends on your relationship with the deceased. Close family members usually pay lower taxes.
4. What happens if someone dies without a will in Turkey?If there is no will, Turkish inheritance laws decide how the estate is shared among the heirs.
5. Can inheritance laws in Turkey affect my property in another country?Yes, you may need to follow the inheritance laws of both Turkey and the other country where the property is located.
