{"id":40164,"date":"2025-02-17T10:26:00","date_gmt":"2025-02-17T07:26:00","guid":{"rendered":"https:\/\/fidelishukuk.com\/?p=40164"},"modified":"2025-03-11T14:39:39","modified_gmt":"2025-03-11T11:39:39","slug":"miras-hukuku-nedir-2025-guncel-rehberi","status":"publish","type":"post","link":"https:\/\/fidelishukuk.com\/en\/inheritance-law-what-is-2025-current-guide\/","title":{"rendered":"What is Inheritance Law? [2025 Current Guide]"},"content":{"rendered":"<p>The assets that every person owns during his\/her lifetime need a legal regulation upon the loss of his\/her life. Inheritance Law comes into play at this point. It determines in detail how the assets are shared after the death of the heir, what the rights of the heirs are and the legal processes. This branch of law has an important place in ensuring justice in society. For more detailed information<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\"> Inheritance Law<\/a> You can review our article titled.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Obtaining Certificate of Inheritance (Writ of Inheritance)<\/strong><\/h2>\n\n\n\n<p>Inheritance Certificate, which is one of the basic elements of Inheritance Law, is popularly known as Inheritance Declaration. This document formalises the inheritance right of the heir and provides legal recognition. So, why is it important to get this document and how to get it? Here is what you need to know.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Why is a Certificate of Inheritance Required?<\/strong><\/h3>\n\n\n\n<p class=\"translation-block\">Certificate of Inheritance is necessary to formalize the rights arising from inheritance and to transfer the inheritance to legal heirs. Without this document, it would not be possible to claim rights over an account in the bank or to transfer real estate. <strong>It is essential to obtain a Certificate of Inheritance to ensure the security of your inheritance and prevent unexpected disputes.<\/strong><\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>How to Get the Certificate of Inheritance?<\/strong><\/h3>\n\n\n\n<p>There are several methods to obtain a Certificate of Inheritance. The details of the process and the steps to be followed are as follows:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Notary Application<\/strong>: Heirs can obtain a Certificate of Inheritance from notaries. For this, necessary documents such as the death certificate of the deceased must be submitted.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Application to the Civil Court of Peace<\/strong>: If a solution cannot be provided through a notary, the heirs can apply to the Civil Court of Peace and request this document.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Things to Consider During the Inheritance Certificate Acquisition Process<\/strong><\/h3>\n\n\n\n<p>When obtaining an Inheritance Certificate, the following points should be taken into account:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Required Documents<\/strong>: Documents such as death certificate and population registration sample must be provided completely.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Application Method<\/strong>: Notary or court depending on the situation? Choose this step correctly.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Professional Help<\/strong>: Expert lawyer assistance may be beneficial for the legal processes to proceed faster. For more information, check the <a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\" target=\"_self\">Inheritance Law<\/a> content.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Individual or Collective Application<\/strong>: It should be decided whether all heirs or an individual application will be made.<\/li>\n<\/ol>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Frequently Asked Questions About the Certificate of Inheritance<\/strong><\/h3>\n\n\n\n<p>Generally, some questions come from readers on this subject: \u201cIn which cases is a notary sufficient?\u201d, \u201cWhat are the situations that will be requested from the court?\u201d, \u201cWho can apply?\u201d By following the above processes, you can easily access the Certificate of Inheritance and protect your legal rights. Remember, acting in line with accurate information ensures the acceleration of processes.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Arrangement of Will and Inheritance Agreement<\/strong><\/h2>\n\n\n\n<p>One of the most important regulations of Inheritance Law is the will and inheritance contract, in which the person specifies how to share his assets while he is alive. These documents, which ensure that the decisions we make in life are effective even after our death, also prevent possible disputes between heirs. So how does this process work and what stages are passed through?<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>What is a Will and How is it Prepared?<\/strong><\/h3>\n\n\n\n<p>A will is a document in which the dispositions that the person wants to be implemented on his\/her assets after his\/her death are written. This document can be prepared in three different ways:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Official Will<\/strong>: It is a document prepared in the presence of two witnesses and accompanied by an official officer and becomes legally valid. The official officer may be a notary or a Civil Court Judge.<\/li>\n\n\n\n<li class=\"translation-block\">Resmi Vasiyet: \u0130ki tan\u0131\u011f\u0131n huzurunda ve resmi bir memurun e\u015fli\u011finde haz\u0131rlanan ve yasal olarak ge\u00e7erli olan belgedir. Resmi memur noter veya Asliye Hukuk Mahkemesi Hakimi olabilir.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Oral Will<\/strong>: It is drawn up in exceptional cases, for example, in case of danger of death. It is mandatory that the request expressed to two witnesses be delivered in an official manner as soon as possible.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>What is an Inheritance Agreement and What are its Features?<\/strong><\/h3>\n\n\n\n<p>A testamentary contract is a binding contract made between heirs and regulating the rights and obligations to be followed upon death. Unlike a will, both parties must reach a mutual agreement in this document. So, what criteria must this contract meet in order to be valid?<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Official Form Condition<\/strong>: Article 545\/I of the Turkish Civil Code. In accordance with the article, the inheritance contract must be drawn up in the form of a formal will.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Full Capacity of the Parties<\/strong>: The parties making the contract must have full capacity, otherwise the contract is invalid.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Free Will<\/strong>: The parties should not be under any pressure when making the contract.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Cancellation of Will and Inheritance Agreement<\/strong><\/h3>\n\n\n\n<p>Everything in life can change. The person who draws up the will can cancel or change this document at any time. However, the situation is different in the inheritance contract. Because this contract, made by agreement of the two parties, can only be canceled with mutual consent.&nbsp;<\/p>\n\n\n\n<p class=\"translation-block\">The will and inheritance contract must be prepared carefully so that complex legal processes do not cause disputes. In this process, acting with the help of an expert lawyer will always be advantageous. For deeper information, our <a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\" target=\"_self\">Inheritance Law guide<\/a> will guide you.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Cancellation of Will and Inheritance Agreement<\/strong><\/h2>\n\n\n\n<p>Wills and inheritance agreements enable individuals to transfer their wills on their assets to the posthumous period. However, legal problems may arise with these documents over time. Cancellation processes may arise due to change of opinion, invalidity conditions or other legal reasons. So, how is the will or inheritance contract cancelled and what should be considered in this process?<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Cancellation of the Will<\/strong><\/h3>\n\n\n\n<p>Cancellation requests on a will are usually based on the following reasons failure to meet the legal requirements in drafting the document, drafting it with incorrect information, or malicious manipulation of the testator. According to the Turkish Civil Code, the cancellation process is very sensitive and certain evidence must be put forward.<\/p>\n\n\n\n<p>Some of the reasons for the cancellation of the will:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Mental Health Problems<\/strong>: Loss of decision-making ability of the heir during the preparation of the will.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Legal Form Deficiencies<\/strong>: The document is not notarised or handwritten.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Pressure or coercion<\/strong>: Organising the document in question by interfering with the will of the person.<\/li>\n<\/ol>\n\n\n\n<p class=\"translation-block\">For more detailed information about the cancellation of the will, you can review the link of<a href=\"https:\/\/kulacoglu.av.tr\/vasiyetnamenin-iptali\/\" rel=\"nofollow noopener\" target=\"_blank\"> the Case for Cancellation of the Will<\/a>.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Cancellation of Inheritance Agreement<\/strong><\/h3>\n\n\n\n<p>An inheritance contract is a legal document based on mutual declarations of will. However, in some cases, one of the parties may want to cancel this contract. However, this is not an easy process. Cancellation is only possible on legal grounds.<\/p>\n\n\n\n<p>Reasons for cancellation of inheritance contract:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Failure to comply with the formal requirements<\/strong>: It is stated in the Turkish Civil Code that the document must have official elements.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Mutual Dispute<\/strong>: Behaviour contrary to the contract or non-fulfilment of obligations.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Grounds for Invalidity<\/strong>: Cases involving forgery, duress or impairment of will.<\/li>\n<\/ul>\n\n\n\n<p class=\"translation-block\"><strong>For example:<\/strong> An inheritance agreement drafted in bad faith may be subject to an action for annulment in Turkish courts.<\/p>\n\n\n\n<p><strong>Importance of Legal Aid<\/strong><\/p>\n\n\n\n<p class=\"translation-block\">Will and inheritance contract cancellation processes require very detailed and professional knowledge. For this reason, getting help from an expert lawyer is an important step to prevent loss of rights. For detailed information on the subject, you can take a look at<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\" target=\"_self\"> our Inheritance Law guide<\/a>.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Determination of Inherited Assets (Tereke Determination) and the Case for Elimination of Partnership<\/strong><\/h2>\n\n\n\n<p class=\"translation-block\">Inheritance law provides a systematic way of determining and allocating the assets to be transferred to the heirs after death. There are two main issues involved in this process: <strong>Determination of the Heirship<\/strong> and <strong>the Case for the Elimination of the Partnership<\/strong>. These stages are critical to protect the rights of heirs and prevent possible disputes. Let's examine these issues more closely.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>What is the Determination of Probate and Why is it Necessary?<\/strong><\/h3>\n\n\n\n<p>The determination of the inheritance is a legal process that aims to determine the assets of the heir in a complete and accurate manner. During this process, the active and passive assets (including debts) of the person at the time of death are determined.<\/p>\n\n\n\n<p><strong>The determination of the deceased bears the following purposes:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>To prevent loss of rights of heirs.<\/li>\n\n\n\n<li>Full protection of inheritance assets.<\/li>\n\n\n\n<li>Correct allocation of debts to legal entities.<\/li>\n<\/ul>\n\n\n\n<p>Below are some of the steps commonly applied in the process of probate determination:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li class=\"translation-block\"><em>Documentation:<\/em> Documents such as death certificates, title deeds and bank accounts are obtained.<\/li>\n\n\n\n<li class=\"translation-block\"><em>Legal Process:<\/em> Application is made to the Civil Court of Peace.<\/li>\n\n\n\n<li class=\"translation-block\"><em>Ensuring Expertise:<\/em> A complete list of assets and liabilities is prepared.<\/li>\n<\/ol>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>What is the Case for Elimination of Partnership?<\/strong><\/h3>\n\n\n\n<p>Following the procedures for the determination of the inheritance, a \"Case for the Elimination of Partnership\" may be brought to the agenda for the distribution among the heirs. This lawsuit ensures that the assets are transferred to individual savings, especially in cases where there is more than one heir.<\/p>\n\n\n\n<p><strong>The Main Objectives of the Case are:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>To facilitate the division of property by reducing the number of heirs.<\/li>\n\n\n\n<li>Ensure individual ownership of real estate or cash assets.<\/li>\n<\/ul>\n\n\n\n<p>The dissolution of the partnership can be done in the following ways:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Liquidation by Sale:<\/strong> Real estates are sold by auction and the income is shared.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Allocation:<\/strong> Assets are allocated individually to the heirs.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Legal Support Expert Assistance in Probate and Partnership Processes<\/strong><\/h3>\n\n\n\n<p>Inheritance processes can be complex and sensitive. Heirs can protect their rights with the support of a specialised lawyer. Professionalism is required both in the determination of the probate and in the elimination of the partnership.<\/p>\n\n\n\n<p class=\"translation-block\">For more comprehensive information and guidance, you can take a look at the content of<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\" target=\"_self\"> Advocacy in Inheritance Law<\/a>. This guide will help you draw a more robust roadmap in inheritance law processes.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Action for Cancellation of Disposition<\/strong><\/h2>\n\n\n\n<p>Cancellation of disposals is a lawsuit filed to invalidate the transactions made by the debtor in order to evade property and to protect the rights of creditors. This lawsuit plays a vital role in resolving financial disputes that often arise between creditors and debtors. So, in which cases is a cancellation of disposition lawsuit filed and how does the process work? Let's elaborate with the following headings.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>What is a Cancellation of Disposition Case?<\/strong><\/h3>\n\n\n\n<p>The action for cancellation of savings is regulated between Articles 277 and 284 of the Enforcement and Bankruptcy Law. Its main purpose is to cancel the transactions made by the debtor with the intention to victimise his creditors and to make his assets accessible to the creditors again. In order for the creditor to file this lawsuit, certain conditions must be met. The main conditions are as follows:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The debtor has a real debt relationship.<\/li>\n\n\n\n<li>Disposals made by the debtor that may cause damage to the creditor.<\/li>\n\n\n\n<li>Detection of fraudulent or apparent transactions.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Under what circumstances is a cancellation of savings lawsuit filed?<\/strong><\/h3>\n\n\n\n<p>Certain conditions must be fulfilled before this action can be filed. For example, some transactions carried out by the debtor with the intention of causing damage to his creditors fall within the scope of savings. Here are some typical cases:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Transactions for the Purpose of Transfer of Real Property<\/strong>: Situations where the person who appears to be a debtor actually transfers his\/her property to a third party.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Pre-bankruptcy fraudulent transactions<\/strong>: Non-existent sales or donation processes to lull creditors to sleep.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Cash outflows and transfers<\/strong>: Real estate or cash transfers to persons particularly well known to the borrower.<\/li>\n<\/ul>\n\n\n\n<p>Although each case presented in this context may have different characteristics, the courts will examine the matter in accordance with the above conditions in general terms.&nbsp;<\/p>\n\n\n\n<p><strong>What is the Procedure for Cancellation of Disposals?<\/strong><\/p>\n\n\n\n<p>The cancellation of the savings case proceeds in certain processes as a procedure. The general procedure of the case is as follows:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Filing a Lawsuit:<\/strong> The creditor files a lawsuit by applying to the courts in the field of Enforcement Law.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Presentation of Evidence:<\/strong> The debtor's behaviours aimed at evading property must be proved with concrete evidence.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Court Assessment:<\/strong> The Court examines the savings transactions requested to be cancelled and renders a decision.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Implementation of the Provision:<\/strong> The disposals cancelled pursuant to the Decision shall be converted back to the rights on the relevant assets.<\/li>\n<\/ol>\n\n\n\n<p class=\"translation-block\">The burden of proof is important in such cases. Acting with an experienced lawyer in the presentation of evidence and legal process can make your work easier. Cancellation of savings cases can be quite complex for both creditors and debtors. It is of great importance at this point to act by giving importance to legal information. For detailed guidance, you can review<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\" target=\"_self\"> our Inheritance Law guide<\/a>.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Action for Annulment of Death-Related Disposition<\/strong><\/h2>\n\n\n\n<p>The action for the cancellation of the disposition upon death is one of the basic regulations of the inheritance law under the Turkish Civil Code. This case comes to the agenda in cases where the assets are not transferred to the heirs correctly after the death of the person or where the dispositions that violate the legal right are issued. So what is this cancellation lawsuit and under what conditions? Here are the details!<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>What is Death Dependent Disposition?<\/strong><\/h3>\n\n\n\n<p>\u00d6l\u00fcme ba\u011fl\u0131 tasarruf, bir ki\u015finin malvarl\u0131\u011f\u0131 \u00fczerinde \u00f6l\u00fcm\u00fcnden sonra ge\u00e7erli olacak \u015fekilde yapt\u0131\u011f\u0131 hukuki i\u015flemleri ifade eder. Vasiyetname veya miras s\u00f6zle\u015fmesi bu i\u015flemler aras\u0131nda yer al\u0131r. Ancak baz\u0131 durumlarda bu tasarruflar, yasalar\u0131n \u00f6ng\u00f6rd\u00fc\u011f\u00fc ko\u015fullara ayk\u0131r\u0131 olabilir, bu noktada dava a\u00e7\u0131lmas\u0131 gerekebilir. \u00d6rne\u011fin;<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><em>Violation of inheritance shares<\/em>: Violation of the reserved shares of the legal heirs,<\/li>\n\n\n\n<li class=\"translation-block\"><em>Incapacity to dispose<\/em>: The lack of legal capacity of the person when the will is drawn up.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>What are the Reasons for Cancellation?<\/strong><\/h3>\n\n\n\n<p>There must be certain reasons for the cancellation of a testamentary disposition. According to legal regulations, the most common reasons for cancellation are the following:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Incapacity<\/strong>: The lack of legal capacity in the person when making savings.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Disability of Will<\/strong>: Savings organised as a result of mistake, deception or coercion.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Violation of the Law<\/strong>: Situations contrary to the reserved share rules stipulated by law.<\/li>\n<\/ol>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Litigation Process and Procedure<\/strong><\/h3>\n\n\n\n<p>An action for annulment of a testamentary disposition is usually brought by heirs or interested parties before the Civil Court of Peace. The process proceeds in the following basic steps:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Opening of the Case<\/strong>: The application is submitted to the court with the necessary documents.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Collection of Evidence<\/strong>: The circumstances requiring the cancellation of the savings are proved.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Examination in Court<\/strong>: Evaluation of evidence and hearing of the parties.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Judgement<\/strong>: The relevant disposition may be decided to be cancelled in whole or in part.<\/li>\n<\/ol>\n\n\n\n<p class=\"translation-block\">The annulment of a testamentary disposition is a critical legal procedure for the protection of inheritance rights. If a will violates your reserved share or is otherwise invalid, you may benefit from this process. Do not forget to seek the support of an experienced lawyer to feel legally secure. You can browse the<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\" target=\"_self\"> content<\/a> page<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\" target=\"_self\"> about Inheritance Law<\/a> to get guiding information from experts.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>The Equalisation Lawsuit<\/strong><\/h2>\n\n\n\n<p class=\"translation-block\">Some disposals made by the heir may cause legal problems if they do not comply with the rules of inheritance law. In such cases, in order for the heirs with reserved shares to protect their legal rights, <strong>the equalisation lawsuit<\/strong> organised within the framework of the Turkish Civil Code comes into play. The equalisation lawsuit is a legal procedure applied in case of violation of reserved shares. Here are the details of this case.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>What is Equalisation Lawsuit?<\/strong><\/h3>\n\n\n\n<p class=\"translation-block\">The action for restitution is a lawsuit filed in cases where the heir violates the inheritance rights <strong>of the heirs with reserved shares<\/strong> by exceeding the freedom of disposition. The main purpose of this process is to restore the violated reserved share right of the heir. Starting from Article 560 of the Turkish Civil Code, there are regulations on this case.<\/p>\n\n\n\n<p class=\"translation-block\">The reserved share is the inheritance rights of certain heirs protected by law. If this percentage is reduced by a will or donation, the heirs have the <strong>right to file a lawsuit for equalisation<\/strong>.<\/p>\n\n\n\n<p><strong>Who Can File an Equalisation Lawsuit?<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Inheritors with Reserved Shares<\/strong>: According to the Turkish Civil Code, votes can be determined according to the heirs, spouse and clan, which are defined as reserved shareholders. Heirs who do not have a reserved share cannot benefit from this case.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Those whose rights have been impaired<\/strong>: Useful grounds are added in typical cases if the interference with the heir's reserved share, coercion or suggestions in violation of the law have taken place.<\/li>\n<\/ul>\n\n\n\n<p class=\"translation-block\">Equalisation lawsuits can only be filed within the specified period. What is this period, you ask? In general, the calculation of the reserved share <strong>should cover<\/strong> the details of the calculation and the <strong>reserve<\/strong> to the ftiden\u015fe. Sutton recommends that the retention should also be delegated to the recorder (*the text is in the line of success with revision).<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Inheritance Denial and Debarment Procedures<\/strong><\/h2>\n\n\n\n<p>Within the scope of Inheritance Law, if a person does not want to be accepted as an heir, he\/she must apply to legal processes. This process occurs when the inheritor's debts are too high or the inheritance is not wanted to be taken for personal reasons. However, there are many steps to be considered during the rejection of the inheritance. So, how are these transactions carried out and in which cases can they be rejected?<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Types of Inheritance Rejection<\/strong><\/h3>\n\n\n\n<p class=\"translation-block\">There are two main ways for people who want to refuse inheritance: <strong>Actual Refusal of Inheritance<\/strong> and <strong>Judicial Refusal of Inheritance<\/strong>.<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Actual Refusal Inheritance<\/strong>: If the person wants to reject the inheritance with his\/her own will, he\/she prefers this way. In real refusal of inheritance, the heir applies to the Civil Court of Peace and notifies this request.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Fictitious Rejection of Inheritance<\/strong>: In cases where the debts of the heir at the time of death are more than the assets, the inheritance is deemed to be rejected. It is sufficient for the heir to prove this situation.<\/li>\n<\/ol>\n\n\n\n<p>It is important to manage all these processes in accordance with the law and in a timely manner in order to prevent possible disputes that may arise in the future.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Refusal of Inheritance Period and Process<\/strong><\/h3>\n\n\n\n<p class=\"translation-block\">According to the Turkish Civil Code, the period of refusal of inheritance granted to the heirs <strong>is three months<\/strong>. This period allows the debts and receivables of the heir to be revealed more clearly. However, the time limit must be observed. Late applications are not accepted. The refusal of inheritance is carried out as follows:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\">Firstly, the person who has the title of heir submits the refusal request with a written petition to <strong>the Civil Court of Peace<\/strong>.<\/li>\n\n\n\n<li>The relevant court evaluates and decides on the refusal of inheritance.<\/li>\n\n\n\n<li>If the request is approved, the heir waives all rights arising from the inheritance.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Consequences of Refusal of Inheritance<\/strong><\/h3>\n\n\n\n<p>When the inheritance is rejected, the inheritance rights and responsibilities of the person cease. Important points to be considered in this case are as follows:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>After the refusal of inheritance, if there are other legal heirs, the next persons in line become responsible for the inheritance.<\/li>\n\n\n\n<li>The person is released from the inheritance debts, but cannot claim any rights on the receivables of the inheritor.<\/li>\n<\/ul>\n\n\n\n<p>The refusal of inheritance covers a complex legal process and it is very important to fulfil the necessary steps completely. In order to prevent mistakes and facilitate transactions, legal counselling will help in the process. For more details<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\"> Miras Hukuku Sayfas\u0131<\/a> i\u00e7eri\u011fimizi ziyaret edebilirsiniz.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Disinheritance Procedures<\/strong><\/h2>\n\n\n\n<p>While inheritance law aims to distribute the assets of individuals fairly after death, sometimes complex situations may arise between heirs. One of the most striking examples of these situations is disinheritance. The concept of \"disinheritance\" refers to an arrangement that allows the heir to withhold assets from certain heirs. However, like every legal transaction, this situation is subject to regular rules and conditions.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Necessary Conditions for Disinheritance<\/strong><\/h3>\n\n\n\n<p>Disinheritance can only be applied in certain circumstances. According to the Turkish Civil Code, persons who commit a serious offence against the heir or his\/her family or who violate the will of the heir may be excluded from inheritance. Here are the frequently encountered reasons:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><strong>Serious Offence Against the Inheritor<\/strong>: Fiziksel \u015fiddet, tehdit veya doland\u0131r\u0131c\u0131l\u0131k gibi durumlardan olu\u015fur.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Exceeding Moral Values<\/strong>: Demonstrating destructive behaviours against the basic values of the inheritor.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Violation of Legal Responsibilities<\/strong>: Avoidance of payment of debts or open defiance of the will of the heir.<\/li>\n<\/ol>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>How to Remove from Inheritance?<\/strong><\/h3>\n\n\n\n<p>This is usually done by the heir through a written will. The following elements are of critical importance when preparing a will:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li class=\"translation-block\"><strong>Stating a Legal Ground<\/strong>: The reason for disinheritance must be stated clearly and in accordance with the law.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Preparation of an Official Will<\/strong>: A will drawn up before a notary public or the Civil Court of Peace will be valid.<\/li>\n\n\n\n<li class=\"translation-block\"><strong>Irrevocable Qualification<\/strong>: The heir removed by the heir for no reason cannot be included in the inheritance again.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>Rights of the person excluded from inheritance<\/strong><\/h3>\n\n\n\n<p>Although it is thought that the person who is excluded from inheritance cannot claim any rights, this is not entirely true. According to the law, persons who have the right to a reserved share can protect these rights by filing a lawsuit under certain conditions:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Action for Annulment of Death-Related Disposition<\/strong>: If the removal is unlawful, the heir may bring this action.<\/li>\n\n\n\n<li><strong>The Equalisation Lawsuit<\/strong>: The person who claims that his\/her reserved share has been violated may apply for this remedy.<\/li>\n<\/ul>\n\n\n\n<p>In order to exercise these rights, applications must be made to the relevant courts within the specified periods.&nbsp;<\/p>\n\n\n\n<h3 class=\"wp-block-heading\"><strong>The Importance of Legal Assistance<\/strong><\/h3>\n\n\n\n<p>Inheritance law is complex and disinheritance procedures require serious legal knowledge. With the support of a lawyer, you can ensure that possible processes proceed in a healthier way. For more information on legal aid and related details<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\"> Miras Hukuku hizmetleri<\/a> You can visit the page.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Conclusion<\/strong><\/h2>\n\n\n\n<p>Inheritance law regulates the rights and obligations of persons after death and protects the rights of heirs in a fair manner. The correct understanding of issues such as legal heirship, wills and inheritance contracts in this branch of law prevents possible disputes.<\/p>\n\n\n\n<p class=\"translation-block\">You can review our<a href=\"https:\/\/fidelishukuk.com\/en\/services\/miras-hukuku-2\/\" target=\"_self\"> Inheritance Law<\/a> guide to get comprehensive information and take your steps consciously. Acting with the right information will ease the process.<\/p>\n\n\n\n<p>Remember, do not underestimate the importance of legal support in taking the right steps.<\/p>\n\n\n\n<p><\/p>","protected":false},"excerpt":{"rendered":"<p>Her insan\u0131n ya\u015fam\u0131 boyunca sahip oldu\u011fu malvarl\u0131klar\u0131, hayat\u0131n\u0131 kaybetmesiyle hukuki bir d\u00fczenlemeye ihtiya\u00e7 duyar. Miras Hukuku i\u015fte bu noktada devreye girer. Mirasb\u0131rakan\u0131n \u00f6l\u00fcm\u00fcnden sonra malvarl\u0131\u011f\u0131n\u0131n nas\u0131l payla\u015f\u0131ld\u0131\u011f\u0131n\u0131, miras\u00e7\u0131 haklar\u0131n\u0131n ne oldu\u011funu ve yasal s\u00fcre\u00e7leri detayl\u0131 bir \u015fekilde belirler. Bu hukuk dal\u0131, toplumdaki hak adaletini sa\u011flamada \u00f6nemli bir yere sahiptir. Daha detayl\u0131 bilgi i\u00e7in Miras Hukuku&#8230;<\/p>","protected":false},"author":2,"featured_media":39559,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[149],"tags":[],"class_list":["post-40164","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-bloglarimiz"],"acf":[],"_links":{"self":[{"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/posts\/40164","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/comments?post=40164"}],"version-history":[{"count":2,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/posts\/40164\/revisions"}],"predecessor-version":[{"id":40170,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/posts\/40164\/revisions\/40170"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/media\/39559"}],"wp:attachment":[{"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/media?parent=40164"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/categories?post=40164"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/tags?post=40164"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}