Inheritance Law

Generally, the distribution time of the inheritance takes place after the death of the deceased person, after the completion of procedures such as determining the heirs and calculating debts and receivables. We can list some factors affecting the timing of distribution of inheritance as follows:

1. Determination of Heirs: Before the inheritance can be distributed, it is necessary to determine who the heirs are. Legal heirs are people such as the deceased person's close relatives, spouse and children. If there is a will, the heirs specified in the will are also taken into account.

2. Calculation of Inheritance Debts and Receivables: The debts and receivables of the deceased are taken into account in the distribution process of the inheritance. Debts are paid first and the remaining assets are distributed to the heirs.

3. Valuation of Assets: The movable and immovable assets of the deceased are valued. This helps determine the value of the inheritance.

4. Distribution or Liquidation of the Inheritance: The time to distribute the inheritance comes after the process of dividing or selling assets is completed. If real estate is planned to be shared, title deed transactions and other legal arrangements must be made.

5. Completion of Legal Procedures: In some countries, legal procedures may need to be completed to distribute the inheritance. Obtaining court orders or completing other legal proceedings may extend the process.

Yes, it is possible to reject the inheritance. An heir who wants to reject the inheritance can request a rejected inheritance instead of accepting the inheritance. It may be necessary to follow certain procedures to reject an inheritance. Let us briefly explain the steps to be followed in order to inherit a rejection:

1. Inheritance Rejection Process: An heir who wants to reject the inheritance can make a declaration through a notary to reject the inheritance within 3 months from the death of the deceased.

2. Declaration Through Notary Public: The heir who wants to reject the inheritance must go to the notary and fill out a declaration of rejection of the inheritance. This declaration declares that the heir rejects the inheritance and that this decision cannot be reversed.

3. Distribution of Inheritance: The heir who rejects the inheritance is exempt from the distribution of the inheritance and the debts of the testator. In other words, the inheritance has no liabilities and no rights over its assets.

4. Information and Documents: The heir who wants to reject the inheritance must apply to the notary within 3 months after the date of death of the deceased person. In this application, information such as the date of death of the testator, the identity information of the heir and the reason for rejecting the inheritance are declared.

5. Existence of Will: If the testator has a will and you are an heir named in the will, it is important to act according to the conditions specified in the will rather than rejecting the inheritance.

Tereke refers to the assets left behind by the deceased, which are called inheritance. Sharing of the estate takes place among the heirs according to legal regulations. Heirs may include people such as the deceased's close relatives, spouse, and children. If we were to share with you basic information about the process of sharing the estate:

1. Determination of Heirs: The first step is to determine who the heirs are. Heirs determined within the framework of the law are the close relatives of the deceased and people in close relationships. If there is a will, the heirs specified in the will are also taken into account.

2. Valuation of Inheritance: The movable and immovable properties of the deceased are valued. This helps determine the total value of the inheritance.

3. Determination of Inheritance Shares: Inheritance shares are determined among the heirs. Inheritance shares are calculated according to the total value left by the deceased person and the number of heirs.

4. Tawhid and Liquidation: The process of sharing the estate includes the stages of "unification" and "liquidation". Tawhid means determining the inheritance shares of the heirs. Liquidation refers to the process of distributing inheritance shares or selling the inheritance.

5. Sharing or Sale: The process of dividing the inheritance shares among the heirs or selling the estate takes place. If there are immovable properties, title deed procedures and other legal regulations are made.

6. Documents Edited: When the inheritance sharing or liquidation process is completed, official documents documenting this process are prepared. These documents are given to the heirs and other necessary parties.

7. Distribution of Inheritance: When the process of sharing or liquidating the inheritance is completed, inheritance shares are distributed to the heirs.

The inheritance division agreement is an agreement made between the heirs to determine the sharing of the inheritance and the rights and obligations between the heirs. The process of sharing inheritance can sometimes lead to disagreements and arguments. For this reason, heirs can make an inheritance division agreement in order to share the inheritance more regularly and smoothly. The inheritance division agreement is a legal document that regulates the heirs' demands on certain assets or rights, sharing and other conditions. This contract can be signed between the heirs after the death of the testator. Some important points to consider when making an inheritance division agreement may be:

1. Sharing of Inheritance: The contract can determine which assets of the inheritance will be given to whom and the sharing rates. It is clearly stated how real estate, cash or other assets will be divided.

2. Terms and Conditions: The contract may contain certain terms and conditions regarding the rights and obligations between the heirs. For example, it can arrange for the post to happen on a certain date or in a certain way.

3. Will and Heirs' Requests: If the testator has a will or certain requests, this should be taken into account in the inheritance division agreement.

4. Dispute Resolution: The contract may specify how any disputes will be resolved. This may include alternative resolution, such as mediation or arbitration, before going to court.

5. Formality: In order for the inheritance division agreement to become official, it must be signed and approved by the competent authorities. This ensures that the contract is legally valid

Tenkis case refers to a legal lawsuit filed by the surviving heirs of the testator to question the validity of donations, grants or wills made by one of the heirs until his death, during the distribution of the assets left behind by a person in accordance with inheritance law. Basically, the reduction case aims to prevent or correct some legal transactions carried out by the heirs who have the right to inherit from the deceased person until their death, from affecting their inheritance shares. As a part of the inheritance law, the reduction case aims to protect the rights of the heirs and ensure that the inheritance shares are shared fairly. is used. The heir who files the lawsuit may question the grants or donations made by the deceased person before his death and request that these transactions affecting the heirs' inheritance shares be corrected or withdrawn. Tenkis case is regulated according to Article 640 of the Turkish Civil Code. This type of lawsuit is usually filed during the distribution of the inheritance or the determination of the inheritance shares of the heirs.

Muris collusion is a legal concept in which the heirs question the legal validity of some transactions made by the testator during his life, claiming that they carried out some transactions in order to affect or reduce their share of the inheritance. Muris collusion is a part of inheritance law and aims to protect the inheritance shares of the heirs. In the case of muris collusion, the heirs claim that the decedent did not carry out the transactions he made before his death in accordance with his will or that the transactions were actually a kind of fraudulent transaction carried out with the aim of affecting or reducing the inheritance shares of the heirs. In this case, the heirs may take these transactions to court and request the cancellation or correction of the transactions. As the deceased's collusion aims to question the transactions made by the testator before his death, it may include, for example, property transfers, grants or wills. If the heirs think that the testator actually transferred his assets contrary to his will or fraudulently, they can question these transactions through heir collusion.