Inheritance Law in Turkey
Inheritance law in Turkey is a branch of law that deals with how, in the event of a person’s death or loss, the active and passive assets of the deceased shall be transferred to those entitled to acquire that inheritance. The person who leaves the inheritance, those who have the right to inherit, are called heirs.
In the event of the legator’s death, it is distributed to the heirs according to the inheritance apportionment system in the Turkish Civil Code. In other words, the inheritance should be divided according to the division system adopted in the Turkish Civil Code to allocate the inheritance.
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The Turkish Civil Code governs inheritance law in Turkey, and it seeks to safeguard the entire family by imposing a reserved part or statutory share for their advantage. It is not feasible for the surviving husband or wife to inherit the whole estate.
How Does Inheritance Law Work in Turkey?
The inheritance system is based on the situation of the inheritor’s child, parents, or spouse. In addition, the assigned heir is the heir who has the right to be the inheritor’s heir at the will of the inheritor, even though they are not the inheritor’s legal heir.
Heirs are those who have the right to inherit. When a legator dies, his estate is divided among their heirs according to the Turkish Civil Code’s inheritance apportionment procedure.
Obligations of The Heir
Other than the collected money in the bank, the legator’s estate, such as; their house, car, and property, can be found following their death. In this scenario, the heir must seek a court determination of heirship, known as a probate warrant, to prove that they are the heir.
The heirs’ shares are also included in the probate process. Within four months on the date of death, inheritance and transfer tax returns must be filed with the Tax Court. Furthermore, the banks seek proof that the heirs have paid the inheritance and transfer tax. If that paperwork is not supplied, the bank’s operations may be disrupted.
Related Article: Wills For Your Properties in Turkey.
Turkish Inheritance law
According to the Turkish Civil Code, the deceased’s assets and funds are distributed amongst family members. Heirs are those who have such inheritance rights. The following are the allocations of the preserved part that does not belong to the surviving husband or wife:
● Children have a reserved part and legal inheritance entitlement of 75% of the legal portion.
● If the dead has no children, the father and mother are entitled to a 50 per cent share of the estate.
● If both parents have died, a quarter of the inheritance is set aside for siblings.
The reserved part is two-thirds of the amounts above if the dead leaves some fortune to a charity or a tax-exempt organization(s).
● The children and the wife/husband are the first heirs of a dead individual,
● If the dead has no children, the heirs are the deceased’s parents,
● If the deceased’s parents are no longer living, the deceased’s siblings are next in line,
The grandparents and their offspring are the last of a dead person’s heirs among their close relatives.
In rare situations, such as if a severe crime was committed, a testator might exclude legal heirs from receiving their inheritance. The testator must, however, show the court the grounds for the prohibition. The barred heir cannot sue the testator.
Inheritance Tax in Turkey
Anyone inheriting in Turkey must pay inheritance tax; the inheritance tax ceiling is adjusted yearly. Turkey’s Inheritance and Property Transfer Tax applies to assets given to Turkish citizens as gifts, contributions, or inheritance, whether in Turkey or abroad.
This legislation does not apply to a non-resident who inherits or receives property from a Turkish citizen who lives overseas. A foreigner who is a resident of Turkey, on the other hand, is subject to the legislation if they inherit property in Turkey.
Inheritance Tax Applies to Foreigners in Turkey
Foreigners married to Turkish citizens are subject to Turkish law; a foreigner can dispose of a certain proportion of their assets freely. A foreigner who is not married to a Turkish citizen is subject to the laws of their home country rather than Turkey’s.
We hope that this short article acts as a guideline for the inheritance law in Turkey. If you need a Turkish inheritance law attorney, feel free to contact us.
Related Article: The Marriage of Foreigners in Turkey.