Inheritance Lawyer

A person who has lost a relative often has to deal, in the middle of grieving, with identifying the heirs, bank accounts, the transfer of title deeds and, very often, disputes between the heirs, all at the same time. As an inheritance lawyer in Mersin, I provide legal support in obtaining a certificate of inheritance (mirasçılık belgesi), in drafting and annulling wills, in reduction lawsuits (tenkis davası) for heirs whose reserved share has been infringed, in title deed cancellation lawsuits brought because of a sham transfer by the deceased (muris muvazaası), in the renunciation of inheritance and in the division of the estate. In inheritance law, many rights are lost if they are not exercised within the periods set by law; for this reason, the first step is to establish which time limits are running and which route should be followed.

The basic rules of Turkish inheritance law are set out in the Turkish Civil Code No. 4721 (TMK); each file is assessed separately, taking into account the heirs’ situation, the content of the estate, the transfers the deceased made during their lifetime and the debts.

What Does an Inheritance Lawyer Help With?

• Obtaining a certificate of inheritance (veraset ilamı) from a notary or the civil court of peace (sulh hukuk mahkemesi), and annulling the certificate
• Drafting a will, opening a will and lawsuits to annul a will
• Reduction lawsuits for heirs whose reserved share has been infringed
• Title deed cancellation and registration lawsuits based on a sham transfer by the deceased
• Renunciation of inheritance and deemed renunciation (hükmen ret) where the estate is insolvent
• Division of the inheritance, partition agreements and the ending of co-ownership
• Inheritance procedures in Türkiye for heirs living abroad

Certificate of Inheritance (Veraset İlamı)

Almost all inheritance procedures begin with the certificate of inheritance. This document, commonly called “veraset ilamı”, shows the deceased’s heirs and the inheritance share of each; it is required for transferring title deeds, closing bank accounts and other official procedures. The certificate of inheritance can be obtained from a notary or from the civil court of peace, and any one of the heirs can apply alone. Where the civil registry records are sufficient, the notary route is often quicker; where the records are incomplete or the notary cannot issue the certificate, an application is made to the civil court of peace. The annulment of a certificate that does not reflect the true position of the heirs can be requested at any time. For details, see the certificate of inheritance page.

Statutory Heirs and the Reserved Share

If there is no will or inheritance contract, the estate passes to the statutory heirs in the order set by law. First come the deceased’s children, and in place of a child who died earlier, that child’s descendants. If there are no descendants, the estate passes to the mother and father, and if they have died, to the siblings and their descendants; if there is no one in this group either, the grandparents and their descendants become heirs. An adopted child and their descendants inherit from the adoptive parent like blood relatives.

The surviving spouse is an heir together with every group of heirs, and the spouse’s share depends on the group with which they inherit: together with descendants the spouse receives one quarter of the estate, together with the parents’ group one half, and together with the grandparents’ group three quarters. If there is no one in any of these groups, the entire estate passes to the spouse.

The deceased may distribute their assets by will; however, the law reserves for certain heirs a share that cannot be touched. The reserved share (saklı pay) is half of the statutory inheritance share for descendants and one quarter for each of the mother and father. The surviving spouse’s reserved share is the whole of their statutory share when they inherit together with descendants or the parents’ group, and three quarters in other cases. Siblings have no reserved share.

Types of Wills and Annulment of a Will

The law recognises three types of will. An official will is drawn up by an authorised public official, such as a notary or a civil judge of the peace, with the participation of two witnesses. A handwritten will must be written from beginning to end in the deceased’s own handwriting, show the year, month and day it was made, and be signed; a text typed on a computer and only signed does not count as a handwritten will. An oral will may be made before two witnesses in extraordinary circumstances, such as imminent danger of death, interrupted communications, illness or war, if a will cannot be made in the other forms.

The grounds for annulling a will are failure to comply with the formal rules, the deceased’s lack of capacity to make a will, mistake, fraud, threat or duress, and content that is contrary to law or morality. The annulment lawsuit must be filed within one year from the date on which the claimant learned of the disposition and the ground for annulment, and in any event within ten years from the opening of the will; against defendants who are not in good faith, this period is twenty years. A will found after the death of the deceased is handed over to the civil court of peace to be opened. For the preparation and opening process, see the wills page.

Infringement of the Reserved Share and the Reduction Lawsuit

If the deceased, through gifts made during their lifetime or by will, made dispositions that exceed the reserved shares, the heir whose reserved share has been infringed may file a reduction lawsuit. In a reduction lawsuit the disposition is not cancelled entirely; the part that infringes the reserved share is reduced to the legal limit. For example, if the deceased left their only property by will to just one of their children, the other children may claim their reserved shares by way of reduction.

The reduction lawsuit must be filed within one year from the date on which the heirs learned that their reserved shares had been infringed, and in any event within ten years from the opening of the will in the case of wills, or from the opening of the succession in the case of other dispositions. For details, see the reduction lawsuit page.

Sham Transfer by the Deceased and Title Deed Cancellation

A common dispute is where the deceased transferred their property to one of their heirs or to a third party at the land registry, presenting it as a sale, when in reality it was a gift. If this transaction was made in order to deprive the other heirs of assets, it is a sham transfer by the deceased (muris muvazaası), and the heirs may file a lawsuit for cancellation of the title deed and registration (tapu iptali ve tescil davası) in line with the 1974 decision on the unification of case law (içtihadı birleştirme kararı) of the Court of Cassation (Yargıtay). This lawsuit does not require being entitled to a reserved share; every statutory heir can file it in proportion to their inheritance share, and the lawsuit is not subject to any time limit. If the transfer was genuinely made as a gift, the issue is not a sham transaction but an infringement of the reserved share, that is, reduction.

In these lawsuits, the difference between the sale price and the real value of the property, the buyer’s ability to pay, bank transactions, the deceased’s relationships within the family and witness statements are assessed together; land registry records, official deeds and civil registry records are the main evidence. For property disputes, see the real estate law and title deed cancellation and registration pages.

Renunciation of Inheritance and Debts of the Estate

Heirs who accept the inheritance become personally liable not only for the deceased’s assets but also for their debts. If the estate (tereke) is insolvent, or if the heir does not want the inheritance, they may renounce it. For statutory heirs, the renunciation period is three months from the date on which they learned of the deceased’s death or, if it is proven that they learned later that they were heirs, from the date they learned this; for heirs appointed by will, the period starts on the date the disposition was officially notified to them. The declaration of renunciation is made orally or in writing, unconditionally and without reservation, to the civil court of peace of the deceased’s last place of residence. Where there are justified reasons, the civil judge of the peace may extend this period or grant a new one.

An heir who does not renounce the inheritance within the period is deemed to have accepted it. Taking possession of or selling assets of the estate, or carrying out transactions beyond ordinary management, before the period expires may also cause the right of renunciation to be lost. If the deceased’s insolvency was obvious or officially established on the date of death, the inheritance is deemed to have been renounced; in this case, the court can be asked to declare that the inheritance has been renounced by operation of law. For details, see the renunciation of inheritance page.

Division of the Estate and Ending Co-Ownership

On the death of the deceased, the estate passes into the joint ownership (elbirliği mülkiyeti) of the heirs until it is divided. During this period, an heir cannot sell a property in the estate alone or carry out any act of disposal over it. If the heirs agree, they can end the co-ownership by a written partition agreement or by switching to ownership in shares. While the dispute continues, the civil court of peace can be asked to appoint a representative to the community of heirs (miras şirketi) to manage the estate.

If no agreement can be reached, each heir may request the division of the inheritance or, for a specific property, the partition of co-owned property (ortaklığın giderilmesi). These lawsuits are heard by the civil court of peace, and applying to a mediator before filing a partition lawsuit is a precondition for the lawsuit. The court ends the co-ownership by dividing the property in kind if possible, and if not, by putting it up for sale. For details, see the partition of co-owned property page.

Heirs Living Abroad

The fact that some of the heirs live abroad does not stop the inheritance procedures. Turkish law applies to immovable property located in Türkiye, whatever the nationality of the deceased. Heirs abroad can have the procedures in Türkiye handled through a power of attorney drawn up at a Turkish consulate or before a notary in the country where they are, bearing an apostille or the necessary certifications. A certificate of inheritance obtained from a foreign court may require a recognition or enforcement decision (tanıma veya tenfiz kararı) before it can be used in Türkiye; for this reason, in most files it is more practical to obtain the certificate of inheritance directly in Türkiye.

Inheritance Lawsuits in Mersin

Lawsuits such as the division of the inheritance, the annulment of a will, reduction and the annulment of a certificate of inheritance are filed at the court of the deceased’s last place of residence; if the deceased lived in Mersin, these lawsuits are heard by the civil courts of peace and civil courts of first instance (asliye hukuk mahkemesi) in Mersin. Title deed cancellation lawsuits based on a sham transfer by the deceased, and partition lawsuits for a specific property, are filed at the court where the property is located. For properties in districts such as Tarsus, Erdemli, Silifke, Mut and Anamur, the courts at the courthouse of that district have jurisdiction.

A situation often seen in inheritance files in the region is agricultural land, citrus orchards and summer houses in coastal areas that have remained undivided for generations and, through inheritance, have come to be owned in shares by many people. Since agricultural land cannot be divided below the minimum parcel size set by law, division in kind is often not possible and the co-ownership is ended by sale. Heirs living in another city or abroad can have the process handled through a power of attorney without coming to Mersin.

Frequently Asked Questions