Inheritance Law
Inheritance matters bring together strict legal formality and, often, a great deal of family sensitivity. Anyone looking for an inheritance lawyer in Fethiye — including the many foreign nationals who own property in the region — typically needs help with a certificate of inheritance, a will, a reserved-share (saklı pay) claim, or dividing an estate among several heirs. Aysel Atlı Law and Consultancy Office advises on all stages of these matters.
- 01Certificate of Inheritance
The heirs and their respective shares are formally established.
- 02Asset Identification
The deceased's assets, including any property in Turkey, are identified.
- 03Agreement or Dispute
Heirs either agree on division or, if not, pursue a partition case.
- 04Registration
Ownership is formally transferred/registered in the heirs' names.
Services We Provide in This Area
- Certificates of inheritance (veraset ilamı): Establishing legal heirship and each heir's share.
- Wills — drafting and challenges: Advice on preparing a valid will and on challenging one that may not meet the legal requirements.
- Reserved share (saklı pay) claims: Advice for heirs whose statutory minimum share has been infringed by gifts or a will.
- Renunciation of inheritance: Advice on rejecting an estate, including where the estate carries more debt than assets.
- Partition of jointly inherited property: Resolving disagreements between heirs over shared real estate.
- Wills for foreign owners of Turkish property: Advice on how a will affects property located in Turkey.
- Muris muvazaası claims: Challenging a lifetime transfer made to disguise a gift as a sale and defeat an heir's rights.
Certificates of Inheritance
A certificate of inheritance (veraset ilamı) formally establishes who the legal heirs of a deceased person are and what share each is entitled to. It is generally the first document needed before any property registered in the deceased's name can be transferred, sold, or otherwise dealt with by the heirs.
Wills and Foreign Property Owners
A will drafted abroad can, in principle, affect real estate located in Turkey, but the position is not always straightforward and depends on the interaction between the deceased's national law and Turkish law on immovable property. Foreign nationals who own property in Fethiye are well advised to consider, specifically, how a Turkish-law will (or a foreign will intended to also cover Turkish assets) should be structured, so that their wishes for that property are given effect without unnecessary complication for their heirs.
Reserved Share (Saklı Pay)
Turkish inheritance law protects certain close relatives — descendants, parents and the surviving spouse — with a reserved share that cannot be freely disposed of by will or lifetime gift. Where a will or a significant lifetime gift infringes this reserved share, the affected heir can bring a claim (tenkis davası) to have the disposition reduced to the extent it exceeds the disposable portion.
Renouncing an Inheritance
An heir is not obliged to accept an estate. Where the deceased's debts are thought to exceed the value of the estate, an heir can formally renounce the inheritance within the statutory time limit, which relieves them of responsibility for the deceased's debts.
Partition of Jointly Inherited Property
Where several heirs jointly inherit a property and cannot agree on how to use or dispose of it, any one of them can bring a partition action; the court will either divide the property physically, where practical, or order it sold and the proceeds shared according to each heir's entitlement.
Muris Muvazaası: Lifetime Transfers Disguised as Sales
Where a person, during their lifetime, transfers property that was in substance a gift but records it as a sale in order to reduce what an heir would otherwise inherit, the disadvantaged heir can bring a claim to have the true nature of the transaction established and the transfer set aside. These cases typically rely on indirect evidence — witness testimony, the parties' financial circumstances, and whether the stated price was ever actually paid.
Frequently Asked Questions
Does a will made in my home country automatically apply to property I own in Fethiye?
Not automatically and not always in full — the interaction between your national law and Turkish rules on immovable property needs to be assessed, and in many cases a Turkish-law will covering the Turkish property is the more reliable approach.
Can I renounce an inheritance if I am not sure whether the estate has more debts than assets?
Yes; renunciation must be made within the statutory time limit after you become aware of your position as an heir, so it is worth reviewing the estate's likely financial position promptly.
What is the difference between a certificate of inheritance and a will?
A certificate of inheritance is issued by a court or notary and confirms who the legal heirs are and their statutory shares; a will is the deceased's own instrument setting out how they wish some or all of their estate to be distributed, within the limits the law allows (in particular, respecting reserved shares).
Can a foreign national inherit property in Turkey?
Yes, subject to the same general rules on foreign ownership of Turkish real estate that would apply to a purchase; specific circumstances should be checked.
How is a reserved-share claim different from having a will declared invalid?
A reserved-share claim (tenkis) leaves the will or gift in place but reduces it to the extent it exceeds the disposable portion, whereas challenging a will's validity seeks to have the will set aside altogether, generally on formal or capacity grounds.
What happens if an heir cannot be located or contacted?
The process can still move forward, but locating the heir or, where necessary, involving the court to protect their interests, may be required before the estate can be finally settled.
Please contact us via our contact page with questions on this topic, or visit our Inheritance Law page for more on our services in this area.
The information on this page is for general information only and does not constitute legal advice.
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