Inheritance Law

What is Inheritance Law and Why Does It Require Expertise?

Inheritance Law is the branch of law that regulates to whom and how a person’s assets will pass upon their death.

However, this process is often emotional, complex, and filled with intra-family disputes.

At SVK Law, in our Izmir and Bursa offices, we adopt an approach that considers both legal and emotional sensitivity in inheritance law cases.

Every inheritance case is unique in terms of assets, family relationships, documents, and intent — therefore, it requires a tailor-made strategy.

Distribution of Inheritance and Partition Lawsuits

Upon a person’s death, the inheritance emerges as shared ownership among legal heirs. At this stage, heirs are required to act together. However, disputes often arise regarding the distribution.

The Solution:

  • If the parties cannot agree, a Partition Lawsuit (Dissolution of Joint Ownership) is filed.

  • The court may decide on the physical division of the immovable property or its sale.

  • An equal distribution is made based on the monetary value.

As SVK Law, we create an “inheritance map” (asset inventory) before the lawsuit and record all real estate/asset elements.

Wills and Annulment of Wills

If a person wishes to leave their assets to specific persons during their lifetime, they can arrange a Will. However, for a will to be valid, it must comply with formal requirements and freedom of will.

Types of Wills:

  • Official Will (Arranged before a Notary Public)

  • Holographic Will (Handwritten)

  • Oral Will (In exceptional circumstances)

Lawsuit for Annulment of Will: Can be filed in the following cases:

  • Incapacity of the testator.

  • Arranged under duress, threat, or deception.

  • Non-compliance with formal requirements.

In such cases, courts conduct examinations via expert witnesses, handwriting analysis, witnesses, and medical reports.

Reserved Portion and Action for Reduction (Tenkis)

The Turkish Civil Code grants a specific “Reserved Portion” (Legitime) right to close heirs. This right is a protection mechanism that limits the testator’s freedom of disposal.

Holders of Reserved Portion:

  • Descendants (Children, grandchildren)

  • Parents (Mother and Father)

  • Surviving Spouse

If the testator has made a disposition that violates the rights of these persons, an “Action for Reduction” is filed to request the correction of shares. SVK Law performs reduction calculations with expert-supported financial analyses, thus preventing loss of rights.

Certificate of Inheritance and Application Process

The Certificate of Inheritance, is an official document showing who the heirs are after a person’s death.

Where to Obtain:

  • Civil Court of Peace (Sulh Hukuk Mahkemesi)

  • Notary Public (In simple cases)

This document is the first step for all processes such as inheritance distribution, bank transactions, and real estate transfer. SVK Law manages both notary and court processes on behalf of its clients.

Sharing of Real Estate and Bank Accounts

Real estate, vehicles, bank accounts, and company shares owned by the deceased are part of the inheritance. The distribution of each requires different procedures.

Examples:

  • Dissolving joint ownership in the title deed.

  • Removing blocks on bank accounts.

  • Transfer of company shares.

  • Appraisal process for value determination.

At these stages, the supervision of an inheritance attorney prevents loss of rights.

Disclaimer of Inheritance (Reddi Miras)

Inheritance consists not only of assets but also of debts. Therefore, in some cases, it is necessary to disclaim the inheritance.

Disclaimer Process:

  • An application must be made to the Civil Court of Peace within 3 months from the date of death.

  • The reason for the disclaimer must be stated in the petition.

  • If the deadline is missed, the inheritance is deemed automatically accepted.

In this process, SVK Law handles document preparation and court follow-up completely.

How Long Do Inheritance Lawsuits Take?

  • Annulment of Will: 1 – 3 years

  • Partition Lawsuit: 1 – 2 years

  • Action for Reduction: 1 – 2 years

  • Disclaimer of Inheritance: 1 – 3 months

Durations may vary depending on the nature of the case, the number of heirs, and the density of evidence.

Frequently Asked Questions (Inheritance Law)

When can an inheritance lawsuit be filed?

It can be filed immediately after the death of the testator if the inheritance distribution has not been made.

Yes, but they must be over 15 years old and have the power of discernment (mental capacity).

Yes, a “disclaimer of inheritance” application must be made within 3 months.

Yes, it must be filed within 1 year from learning about the will/cause of annulment.

Yes, it can be transferred to other heirs or third parties.

SVK Law aims not only to protect legal rights in inheritance lawsuits but also to sustain intra-family communication if possible.

We act with the following principles in every file:

  • Confidentiality and sensitivity

  • Fast document procurement

  • Strategic distribution plan

  • Continuous information during settlement and litigation processes

We also offer online consultancy throughout Turkey via our Izmir and Bursa offices.

Inheritance Law

Consultancy in estate distribution, reduction lawsuits, annulment of wills, and reserved portion cases.

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Frequently Asked Questions

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