Inheritance in Turkey
Inheritance Law is divided into to group, inheritance of movable property and inheritance of
immovable property.
The main thing to know is that movable property and immovable property have the main difference in their ability to move:
Real estate is everything that is firmly connected with the land, that is, objects that cannot be moved, for example: land plots, apartments, houses, shops, etc.
Movable property is any material object that can be freely transported. For example, these are money, securities, gold, vehicles and more.
Fine, who has the right to inherit in Turkey in 2021 by law and testament?
First of all, we want to remind you that all the rules of inheritance law on the territory of the Turkish Republic are equally equal and applicable to foreign citizens. That is, if you are the direct heir of your relative who invests in Turkish real estate, then the entry into law will be regulated precisely by the laws of the country in which the real estate is located. In the event of the transfer of rights to movable property, even if it is located in Turkey at the time of the opening of the inheritance, the laws of the state, the resident of which was the testator, come into force.
Is there a mandatory share of inheritance by law in Turkey and
How does a will affect the distribution of property?
Yes, even in the case of a testament inheritance, part of the assets will be transferred to direct heirs on the basis of a compulsory share.
But do not forget that the obligatory part of the inheritance is not all the property of the testator, but only that part of it, which is regulated by the Turkish Civil Code. The rest of the assets, including immovable / movable property, a person can distribute among the heirs at his own discretion by writing a will.
In what order is the compulsory share distributed?
The distribution of the mandatory share is in the following order:
The first stage – children and spouse / spouse, including children born out of wedlock, recognized by the testator or by court order.
❖ The spouse will receive 25%, the remaining 75% is divided equally between the children.
❖ In the event of divorce / loss of the testator’s spouse / wife, 100% is divided between the children.
❖ If there are no children and only a spouse, he / she gets 50%. The second stage is the testator’s parents.
❖ But only if the testator has no children. – 50% goes to the spouse, 50% goes to the parents.
If both the spouse, children and parents are not alive, then in the third place, 100% receive first of all – blood brothers and sisters, in the fourth place – grandmothers, grandfathers, uncles, aunts and their children, if the spouse / spouse alive – 50%.
If the testator does not have a single descendant, or there is no will?
If the testator does not have a single heir, and there is no will, then all immovable property is inherited by the Turkish Republic. As for movable property, it will be inherited due to the laws of the country the resident of which was the testator.
If the testator has a will, then any person indicated by the testator in an official document can receive an inheritance under it.
I also want to clarify that the will is considered valid and will be accepted for execution if it is drawn up by a foreign or Turkish citizen strictly in accordance with the legislation in Turkey. The main thing is that the owner of the property at the time of the order was legally capable.
But what happens to the debts of the deceased? They also pass by inheritance and can you refuse the inheritance?
Of course, the debts of the testator not paid off at the time of death will also be included in the inheritance. The deadline for rejection of the inheritance is also established by law, and is three months from the date of opening the inheritance.
Who can be deprived of the right of inheritance?
Heirs claiming a share of the estate of the testator may be refused for a number of reasons.
A lot of circumstances on this issue:
❖ A crime against the testator or possible heirs, committed or planned by one of the recipients
❖ Preventing the drafting of a will by illegal means
❖ Parents deprived of parental rights and did not restore them at the time of opening the inheritance
❖ In case of an invalid marriage, as confirmed by a court decision
❖ If the heir fails to fulfill his obligations under the Family Code, he may also be deprived of the right to receive his share.
But do not forget that all the listed circumstances must have an evidence base and be confirmed by a court decision.
Is there inheritance tax in Turkey and if so, what is the rate?
In 2020, Turkey’s tax legislation was amended that did not affect inheritance law, where the tax remained at the same level. The rate varies from 1% to 30%, which depends on the geographic location of the property and the recipient’s status of residence. The only thing that must be remembered by foreign nationals entering into inheritance rights is that the tax is paid within 3 years in May and November of each calendar year.
How to register an inheritance in Turkey for a foreign person in 2021?
Heirs need to obtain a certificate of inheritance from a Turkish court, which will allow them to transfer ownership of the property to their own names. To obtain this certificate, the court will require some documents (certificates of birth, marriage and death) and the provision of statements that there are no other people who have more rights to the inheritance of the deceased in Turkey.
In order to receive your part of the inheritance left to you in Turkey, you should know all the subtleties of the country’s legislation and the sequence of actions. Far from always and not all foreigners have the opportunity and time to resolve this issue by staying permanently in the country of inheritance. It is these many other reasons that can lead to problems, missed deadlines and disputes with other participants in the process.
To enter into an inheritance as soon as possible and to avoid problems in the procedure for registering rights, we offer the services of experienced T&B lawyers.
As always, everything is very intelligible and intelligible, thank you very much for the information.
You are always welcome, we are happy to help you, please contact!
