Inheritance law is the branch of law governing to whom, in what proportions and under which conditions a person’s assets, receivables and debts pass upon their death. The movable and immovable assets, bank accounts, company shares, receivables and debts left behind by the deceased may form part of the estate.
During the division of the inheritance, the status of heir, statutory inheritance shares, testamentary dispositions such as wills and inheritance agreements, and the heirs’ reserved shares must be evaluated together. Failure to carry out the procedures within the statutory time limits and through the proper legal means may result in significant loss of rights for the heirs and prolonged disputes.
Attorney Yıldız Şahin provides legal consultancy and attorney services at various stages of inheritance law, from the opening of the inheritance and identification of the estate to obtaining the certificate of inheritance and dividing the inheritance. Each case is evaluated on its own terms, taking into account family relationships, the dispositions of the deceased, asset records and the legal circumstances of the heirs.
Our Main Areas of Practice Within the Scope of Inheritance Law
Determination of statutory and appointed heirs
Obtaining or annulment of the certificate of inheritance
Procedures for identifying and protecting the estate
Investigation of estate assets and debts
Division of the inheritance and preparation of inheritance division agreements
Actions for dissolution of inheritance partnerships
Procedures for renunciation of inheritance
Actions concerning deemed renunciation of inheritance
Requests for official liquidation of the estate
Legal consultancy on the preparation of wills
Opening and execution of wills
Actions for annulment of wills
Preparation and review of inheritance agreements
Inheritance renunciation agreements
Evaluation of disinheritance procedures
Reserved share and reduction actions
Actions for recovery based on inheritance rights
Claims for equalization in inheritance
Actions for annulment and registration of title deeds based on collusion by the deceased
Disputes arising from contracts for care until death
Division and transfer of inherited immovable property
Conversion of joint ownership into shared ownership
Disputes among heirs concerning receivables and use fees
Legal evaluation of tax procedures relating to inheritance and estate matters
Procedures concerning heirs or assets located abroad
Identification of the Estate and Division of the Inheritance
Following the death of the deceased, the assets and debts included in the estate must first be identified. The scope of the estate is determined by investigating title deed records, bank accounts, vehicles, company shareholdings, receivables and other assets.
If the heirs reach an agreement on the division, they may execute an inheritance division agreement. If no agreement can be reached, legal remedies may be pursued for the division of the estate assets or dissolution of the partnership. Where immovable property cannot be divided in kind, division by sale may arise as an option.
Wills and Testamentary Dispositions
Within the limits prescribed by law, the deceased may determine how their assets will be distributed after death by means of a will or inheritance agreement. For these transactions to be valid, they must comply with the formal and capacity requirements prescribed by law.
If it is alleged that a will is invalid due to a formal deficiency, defect of consent or incapacity, an action for its annulment may be brought. If the deceased’s dispositions infringe the reserved shares, heirs entitled to a reserved share may bring an action for reduction.
Renunciation of Inheritance and Estate Debts
An inheritance may include not only assets but also the debts of the deceased. Therefore, it is important for an heir to assess the financial position of the estate before accepting or renouncing the inheritance.
Renunciation of inheritance is subject to specific conditions and time limits. Where the estate is insolvent, the options of actual or deemed renunciation of inheritance and official liquidation must be evaluated according to the circumstances of the specific case.
Collusion by the Deceased and Reserved Share Disputes
If the deceased presents an immovable property that they actually intended to donate as a sale or as a contract for care until death, with the aim of concealing assets from the heirs, this may give rise to a dispute concerning collusion by the deceased. In such a case, an action for annulment and registration of title may be brought by evaluating together the true nature of the transaction, the parties’ intentions, the sale price and the circumstances of the case.
Attorney Yıldız Şahin conducts the necessary legal proceedings in disputes arising from inheritance law, having regard to the heirs’ statutory rights, the sensitivity of family relationships and the integrity of the estate. Since each inheritance case is unique, the legal course to be followed is determined within the framework of the circumstances of the specific case and the applicable legislation.
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The information on this page is intended for general informational purposes; the legal assessment may vary depending on the circumstances of the specific matter. The contents do not constitute legal advice or a guarantee of outcome.