Inheritance Lawsuits

Domestic inheritance cases are the legal process applied as a result of a dispute between the heirs in the division of property such as immovable property and money left behind by the deceased person.

These lawsuits, which are concluded with judgments under the Code of Obligations, Turkish Civil Code and Land Registry Law, can be filed in different types.

Within the scope of the inheritance lawsuit, it is possible for the heirs to file lawsuits such as

  1. Forfeiture case
  2. Equalization lawsuit
  3. Deed cancellation lawsuit
  4. Cancellation of the certificate of inheritance
  5. Cancellation of inheritance agreement
  6. Taksim and İzale-i Şuyu cases

By visiting Aslan Demir law office, you can get more information about domestic inheritance cases and ensure that your case is followed in the most favorable conditions by giving power of attorney.

Which Issues Are Covered in Inheritance Litigation?

Domestic inheritance cases have a broad structure. In particular, it is among the longest cases. The issues falling within this framework are outlined as follows;

  1. Whether there are heirs disinherited by the deceased
  2. Whether there is a refusal of inheritance between the deceased and the heirs
  3. Whether any of the heirs or third parties have been involved in the evasion of inheritance
  4. Who the legal heirs are and how much share each of them has
  5. The total value of the property inherited by the deceased
  6. Whether the person who left the inheritance transferred it to one of the heirs in his/her lifetime

Since inheritance law has a wide scope, different inheritance lawsuits can be filed depending on the cause of the dispute.

What are the Types of Inheritance Lawsuits?

Domestic inheritance cases can be filed in different types. However, the most common types are as follows;

  1. Inheritance Appropriation Lawsuit, which can be filed in order to protect the rights of the heirs against the claimants
  2. Muris Muvazaa Title Deed Cancellation and Registration Lawsuit that can be filed in case of property evasion
  3. Action for Cancellation of Inheritance Exclusion, which can be filed due to disinheritance due to inheritance contract or will
  4. Inheritance Law Equalization Lawsuit filed due to objection when the reserved shares left in the lawsuits are too much
  5. Cancellation of Inheritance Certificate Lawsuit, which can be filed by those who are not on the inheritance certificate after the death of the Murisin
  6. Action for Annulment of Inheritance Agreements that can be filed due to disputes arising in the inheritance contract

The Civil Court of First Instance is authorized for domestic inheritance cases . Since these cases can take a long time, working with experienced law firms can help achieve better results.

Who Can Be Heir in Inheritance Law?

In inheritance cases, who can be the heir is among the frequently considered issues. When looking at the question of whether a person can leave his/her inheritance to whomever he/she wants , it can be answered yes; however, not all of it can be given to a single person. Legal heirs receive a share under all circumstances. Under the Civil Code, a person can make a will before death and leave his/her inheritance to the person(s) of his/her choice.

The inheritance left by the deceased is divided according to the degree system. In this respect, there are 3 different classifications: first, second and third;

  1. The first class includes their children and grandchildren.
  2. In second place are parents, siblings and nephews and nieces.
  3. Grandparents are in third place.

However, it is important to know that a different heir can also be appointed in domestic inheritance cases .

Which Lawsuits are within the Scope of Inheritance and Guardianship Law?

Inheritance law is a very broad concept. Different cases can therefore be brought in this framework. Some of these are as follows, in bullet points;

  1. Inheritance deprivation lawsuit
  2. Inheritance rejection cases
  3. Inheritance forfeiture cases
  4. Equalization cases
  5. Determination and management of the inheritance
  6. Inheritance contract
  7. Last Will and Testament
  8. Cancellation of testamentary dispositions
  9. Inheritance renunciation agreement
  10. Maintenance contract until death

Domestic inheritance cases may also fall within this framework.

Who are the Legal Heirs in Inheritance Cases?

After a person dies, the claims and property left behind are called inheritance. Although it is shared among the heirs, problems may arise in some cases. This is where domestic inheritance lawyers and law firms come into play.

Inheritors are divided into two classes in law. These are in the form of appointed and legal heirs,

  1. Grandson,
  2. The child,
  3. Grandfather or grandmother,
  4. Wife,
  5. Dad,
  6. Anne,
  7. The sibling constitutes the legal heirs.

But there may also be appointed heirs.

What is a Will in Inheritance Cases?

People can leave their money, valuables or immovable property to the person(s) they want with a will before they die. If no will has been made, it is given to legal persons.

A will can be prepared by anyone over the age of 15 and of sound mind. 531 in the Turkish Civil Code. The article stipulates that the official act may be done in the handwriting of the legator or orally.

The official will is executed before a notary public, a magistrate or an authorized officer. A handwritten will is the type prepared by the person himself/herself. For this, it must be written entirely in its own handwriting, in its own handwriting, dated and signed.

An oral will is prepared in extraordinary circumstances such as war, severe illness, or when the other two types cannot be made. If there is a problem in sharing, a lawsuit can be filed as part of what happens if there is a dispute between the inheritance .

Under what conditions is the inheritance shared?

As is also the case in domestic inheritance cases , the conditions under which the inheritance will be shared are a big question mark. This depends on whether the person has left a will or not. If there is no will, if the spouse of the person who left the inheritance is alive and inherits together with his/her descendants, ¼ belongs to the surviving spouse and the remaining ¾ is divided equally among the children.

If the surviving spouse inherits with the parents of the deceased, half is divided equally between the spouse and half between the parents. If the surviving spouse inherits together with the grandparents of the person who left the inheritance, ¾ of the inheritance is divided equally between the spouse and 1/4 between the grandparents.

If the spouse is not alive, it is divided equally among his/her descendants if he/she has descendants, or among his/her descendants if he/she does not have descendants.

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