Inheritance Law System in Turkey

Inheritance law system in Turkey is not complicated. We aim to inform you about Turkish Inheritance System, Law & Tax in general. As it is well known, the Turkish Inheritance Law System has been codified by modeling the Swiss Civil Code on the Turkish Civil Code. However, some rules have changed in parallel with the needs of Turkey in time.

For example inheritance tax, stipulations of will, and certificate of inheritance are some of the differentiated issues. Several legal procedures also have been changed for some countries by means of some international agreements.

In short, we will give you some brief information about the inheritance system in Turkey or inheritance law system in Turkey, inheritance tax rates, certificate of inheritance etc. in this essay. If you need more information or legal support, you should contact an inheritance lawyer in Turkey.

The Class System: The Basic Inheritance Law System in Turkey

Book 5 of the Turkish Civil Code (between the Articles No.495 and No.682) regulates the Inheritance Law System. In this system, there are three intestate successors; the descendants, parents, and grandparents. These all intestate successors are equal in its/their class. However, the surviving spouse has the heirship rights together with each class. That’s all. As you see the inheritance law system in Turkey is so basic.

The contents of the said classes are as follows:

1. The First Class; Descendants

The first class belongs to the descendants and that all children are equal successors in this class. However, there is a basic and important law principle that dominates the Turkish Inheritance System. If the descendants die before his/her descendants, his/her descendants will be the new successors with the same rights in the first class.

2. The Second Class; Parents (Mother & Father)

The parents of the deceased person have also the succession rights. If the deceased person has no “any” descendants, the parents will be the equal successors in the second class. Due to the abovementioned reasons; if the deceased descendants have any descendants, the first class rules are valid yet. Therefore, the parents cannot be the successors in terms of inheritance law in Turkey. If the deceased person has no descendants and his/her parents die before sister or brother of the deceased person, the class rule starts to work here again. Therefore, the third class has no the succession rights.

3. The Third Class; Grandparents

If there are no successors in the first and second class in terms of the class rule, the grandparents of the deceased person will be the new successors. The third class rules are so basic and same as in others.

As you see inheritance law in Turkey is so basic and everyone can learn these rules easily. But difficult circumstances can also arise. If you have any question, our inheritance lawyer in Turkey are ready for you.

The Other Groups and Their Inheritance Law System in Turkey

If the other groups/persons have an inheritance lawyer in Turkey, you must be so careful. They can change all circumstances and your inheritance plan.

Extramarital relatives; If parentage relations are established either by recognition or by court’s judgment, non-marital children can be the successors as marital children.

Adoptee; the adoptee is considered as blood relative in the event of succession. Also, his/her descendants have the same rights as the descendants of deceased person. However, adoptee still has the heirship rights that come from his/her families.

State; state will be the successor of deceased person, if he/she doesn’t leave any legal or testamentary successors.

The Surviving Spouse

The surviving spouse has the heirship rights together with all classes. But surviving spouse’s hereditary share differs depending on the classes of intestate successors he/she is successors with. These ratios: