Definition and Importance of Inheritance Law
Inheritance law is the branch of law that regulates to whom and how the assets of a person will be transferred after his/her death. This branch of law ensures that the posthumous assets of persons are distributed fairly and in accordance with the law. Inheritance law prevents disputes that may arise in the sharing of property in society and provides an orderly transition process.
Basic Concepts
- Inheritor: The person who takes over the assets of the deceased person.
- Muris: The person who will leave his property to the heirs in case of death.
- Tereke: All of the assets of the deceased at the time of death.
Importance
- It ensures social order.
- It prevents disputes.
- It provides equitable division of property.
- Protects peace in the family.
History of Inheritance Law
Inheritance law is a branch of law as old as human history. The desire of mankind to acquire property and to transfer this property from generation to generation forms the basis of inheritance law. Inheritance law has gone through various phases throughout history:
- Antiquity
- Rules of inheritance law can be found in ancient Egyptian, Roman and Greek civilisations.
- In particular, Roman Law laid the foundations of modern inheritance law.
- Middle Ages:
- In the feudal system, inheritance law played an important role in protecting land ownership and the assets of noble families.
- Modern Period:
- Most of today's inheritance law systems have developed under the influence of laws such as the Napoleonic Codes and the German Civil Code.
Inheritance Right and Sharing
The right of inheritance regulates the transfer of the assets left behind by a person after his death to his heirs within the framework of certain rules.
- Heirs It is divided into two as legal heirs and appointed heirs.
- legal heirs: Usually the spouse, children and blood relatives of the deceased.
- Designated heirs: Persons designated by the heir by will or inheritance contract.
- Inheritance Sharing:
- It is determined according to the shares of the heirs.
- It is shared among the legal heirs in proportion to their legal shares.
- Appointed heirs inherit according to the terms of the will.
- Refused Inheritance The heir has the right to reject the right of inheritance.
The Turkish Civil Code regulates the provisions on the right of inheritance and its distribution.
Inheritance Declaration and Importance
The certificate of inheritance is an official document obtained from the court in order to determine the heirs after the death of the muris. With the receipt of this document, heirs can officially prove their heirship title.
- Determines the Heirs: The persons who will share the inheritance are officially recorded.
- Rights Ownership: Heirs use this document to claim their inheritance rights.
- Received from the Court: It is usually issued by the civil court of peace.
- Validity and Usage: It is used in banks, land registry offices and other official transactions.
- Objection and Correction: An objection can be made against the certificate of inheritance and correction can be made if necessary.
Types of Heirs: Legal and Appointed Heirs
There are two main types of heirs in inheritance law: legal heirs and appointed heirs.
Legal Heirs
Legal heirs are defined by law and are usually entitled to inheritance. These heirs can be categorised as follows:
- Blood relatives: Descendants (children and grandchildren), lineal descendants (mother, father, grandmother, grandfather) and collateral descendants (siblings, uncles, aunts, uncles, aunts, aunts).
- Wife: The surviving spouse is the legal heir and has a right of inheritance in certain proportions.
- State: If the heir has no legal heirs, the inheritance passes to the state.
Nominated Heirs
The appointed heirs are determined by the will of the inheritor. They can be anyone other than the legal heirs and can provide for the transfer of certain property or the entire estate.
Legal Transactions of Inheritance
The legal procedures of inheritance include certain steps and legal processes:
- Determination of the Heir: It is necessary to determine the legal heirs left behind by the person who will leave an inheritance.
- Proof of Succession: Heirs are obliged to obtain a death certificate of probate. This document determines the legal rights of the heirs.
- Determination of Probate: The process of determining the assets and debts of the heir is carried out.
- Inheritance Sharing: After the inheritance is determined, it is necessary to determine and share the shares of the heirs.
- Title and Official Transactions: Title deed procedures must be carried out for the immovables on the inheritance.
- Tax Liabilities: Legal inheritance and succession tax payments are realised.
- Court Proceedings: When necessary, a court may be applied to resolve legal disputes.
Disputes between Heirs and Solutions
Disputes between heirs may arise for various reasons. The main dispute issues and solutions are as follows:
- Sharing Disputes: Occurs when inheritance is not distributed fairly. Solution:
- An inheritance sharing agreement can be made.
- A case can be brought through the judicial authorities.
- Will Objections: Heirs may question the validity of a will. Solutions:
- An action for annulment of a will can be filed.
- Violation of Legal Rights: Remedies when the rights of some heirs are violated:
- An application can be made to the court for the protection of compulsory shares.
Legal counselling and mediation methods can also be effective in resolving disputes.
Inheritance Rejection and Cancellation Issues
Rejection of inheritance due to the responsibility of heirs for debts is an important issue. The cases and procedures of refusal of inheritance are regulated in the Turkish Civil Code.
- Rejection of Inheritance:
- The heir has the right to reject the inheritance.
- Rejection of the inheritance must be made within three months of the death of the heir.
- It is necessary to apply to the Civil Court of Peace for refusal.
- Cancellation Issues:
- Collusive transactions between heirs may be cancelled.
- Inheritance agreements contrary to the law are invalid.
The issues of refusal and cancellation of inheritance include regulations regarding the will of the heir and the obligations of the heirs.
Inheritance Tax and Legal Obligations
Inheritance tax and legal obligations have an important place within the scope of inheritance law. There are a number of tax obligations that heirs must fulfil:
- Inheritance and Succession Tax: It is a tax payable on property acquired through inheritance.
- Declaration Period: Inheritors must file an inheritance and gift tax return within a certain period of time from the date of death.
- Tax Rates: Varies according to the value of the inheritance and the degree of the heir.
- Declaration of Property: Heirs are obliged to declare the property that has been transferred to them.
If the aforementioned obligations are violated, sanctions may be imposed within the framework of the law.
Principle of Equality in Inheritance and Legal Regulations
The principle of equality in inheritance is a legal principle that ensures that the heirs receive equal shares according to their legal inheritance shares. Within the scope of this principle:
- Legal Heirs: According to the Turkish Civil Code, legal heirs are close relatives of the deceased such as children, spouse, parents and siblings.
- Equity: This legally recognised equality aims to ensure that the heirs are fair to each other.
- Death and Inheritance: After the death of the heir, an equal and fair distribution is made among the heirs.
- Defence and Proof: In cases of violation of the principle of equality, heirs may apply for legal remedies.
These regulations ensure the fair distribution of inheritance and the protection of family members.
International Inheritance Law
International inheritance law determines how inheritance is distributed according to the legal systems in different countries. Key elements include the following:
- Place of Residence of the Heir: The law of the country where the person resides is generally applicable in inheritance transactions.
- Portable and Immovable Property: While movable property is subject to the law of the country where the inheritor lives, immovable property is subject to the law of the country where it is located.
- International Conventions: Conventions between states play an important role in resolving international inheritance disputes.
- Double Taxation: Various measures are taken to prevent double taxation problems that may occur on inheritance.
These elements constitute the basic principles of international heritage law and ensure coordination between countries.
