“Just as we bring nothing into the world when we are born, we cannot take anything with us when we die” (Victory Hugo)
Death is inevitable for every living thing. While losing a loved one is extremely sad in itself, there are bureaucratic procedures you have to face after this process.
Let's start with a brief explanation about the heirship regulation and concepts in Turkish Law;
The Turkish legal system regulates inheritance within the Civil Code No. 4721.
From the moment of death of the inheritor, all his assets, together with his receivables and debts, pass to the heirs as a whole.
According to the legal regulation; There are two types of heirs. The first is the legal heir, the other is the appointed heir.
Legal Heirs : They are people who are shown in the law because of blood ties.
Designated Heirs : Persons who are appointed as heirs by issuing a will, other than the legal heirs of the inheritor.
urkish Legal System has adopted the principle of group (community) in terms of legal heirs. According to this system, heirs consist of 3 groups.
1. Group : It is the descendant of the deceased. That is, their children and grandchildren.
2.Group : They are the parents and siblings of the deceased person.
3.Group : Grandparents of the deceased and their descendants, namely
uncle, aunt, aunt and their descendants.
If there is any heir in the group that comes before him, the inheritance is shared among that group. It doesn't go to the bottom.
Well, these are counted, but the surviving spouse does not have the right to inherit? Of course there is. Inheritance of the spouse is also regulated, provided that they are in legal marriage union. The inheritance share of the surviving spouse varies according to whom he inherits from the above-mentioned group.
1. Together with the group : In this case, the spouse's share of inheritance is ¼.
2. Together with the group : In this case, the spouse's share of inheritance is ½.
3. Together with the group : The spouse's share of inheritance is ¾ in this case.
If there are no heirs in any of the clans or if only the children of the aunt, uncle, aunt are alive, the spouse receives the entire inheritance. If there is no heir in any group and the spouse is not alive, the inheritance remains with the treasury (state).
Heirs living in the same group divide the inheritance share. There is no distinction between men and women in terms of inheritance law.
If the legator has had more than one marriage, children born from different marriages receive an equal share of the inheritance.
Adopted children also receive a share of the inheritance, just like their natural children.
Let's face it, some situations are confusing. I will try to explain the most common situations below with examples.
In case of death of a person, first of all, it is checked whether he has a will. If there is a will, the shares of the heirs may change or the appointed heir may appear.
Let's get to the examples;
May the deceased have a divorced spouse, a daughter born to his/her divorced spouse, a new spouse and 2 children from his/her new marriage. In this situation;
The divorced spouse cannot receive a share from the inheritance.
Even from a previous marriage, his daughter is the heir due to blood ties.
Since his new wife is the heir with the children (1st group), he will receive ¼ of the inheritance.
Children will share the remaining ¾ shares among themselves. So each will receive ¼ of the inheritance.
The deceased should not have any children. His wife left him for 3 years even though they are still legally married. Let him have a religious marriage wife. Thanks to his father, whose mother passed away. Suppose the deceased also has one brother.
Let us state immediately that the spouse with a religious marriage cannot receive a share from the inheritance. In order to be an heir, the marriage must be made legally.
On the other hand, the heirship of the deceased spouse continues. As long as the legal marriage union does not end in divorce, both spouses are heirs of the other.
Spouse; Since he is the heir with the 2nd estate (parents), he will receive ½ of it.
Since the father is alive, he will receive half of the ½. So it will take ¼ of it.
Since his mother passed away before him, the inheritance that will fall to him will be left to his descendants, namely his brother. In this case, his brother will also receive ¼ share.
Let's take a detailed look at the application of the will and the registration of the inheritance share in another article.
Attorney Fahrettin Erdem Yıldızeli
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