Inheritance Law
Secure your inheritance processes today without going to courtrooms. With Çevik Legal, reliable, transparent, and preventive solutions that stop disputes before they arise in inheritance law.
Secure your inheritance processes today without going to courtrooms. With Çevik Legal, reliable, transparent, and preventive solutions that stop disputes before they arise in inheritance law.
We identify potential inheritance disputes within your family before they arise; and we prevent conflicts with correctly structured wills and inheritance distribution contracts fully compliant with the law.
Upon the death of the testator, all assets they owned constitute a legal whole called the estate (tereke), and the heirs jointly own this estate on the basis of "joint ownership." The fair and smooth conduct of this process is extremely important for heirs not to suffer loss of rights. In order to avoid disputes regarding distribution among heirs, it is of great importance that inheritance division (taksim) contracts regulating the distribution of inheritance assets be prepared with the accompaniment of expert lawyers.
One of the most important tools for the deceased to dispose of their assets during their lifetime is drafting a will. For a will to be legally valid, the deceased must have reached the age of fifteen and have the capacity to discern. Under the Turkish Civil Code, wills are strictly bound to certain form requirements: official will, handwritten will, and oral will.
Although the deceased has the freedom to dispose of their assets, this freedom is not unlimited; the legislator has guaranteed the rights of certain close legal heirs through the concept of "protected share." The deceased's descendants (children, grandchildren), parents, and surviving spouse are protected-share heirs. If the deceased violates these protected shares through unjust enrichment or will during their lifetime, the damaged heirs can file a reduction lawsuit to demand the reduction or return of the portion that violates their protected share.
Our Services
- Preparation of inheritance division (taksim) contracts: contracts that ensure the fair distribution of estate assets with the participation of all heirs in written form in compliance with validity conditions
- Will drafting and cancellation lawsuits: preparation of official or handwritten wills in compliance with legal conditions; lawsuits to cancel wills with incapacity, form deficiency, or mental impairment
- Protected share protection and reduction lawsuit: conduct of reduction lawsuit processes for heirs whose protected share was violated by the deceased's unjust donations or mortis causa dispositions
- Collusive transfer by the deceased (muris muvazaası) lawsuits: identification of the deceased's fraudulent transfers and tracking of title deed cancellation and registration lawsuits
- Dissolution of co-ownership (izale-i şüyu) processes: mandatory mediation first, then distribution of the estate through court proceedings when heirs cannot agree on distribution
Frequently Asked Questions
Frequently Asked Questions
5 questions
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