The rules regulating the dispensation of estate of a body in case of their death or loss, and how much of this estate and the rights and obligations pertaining thereunto will be transferred to whom and in which proportions comprise the subject of inheritance law.
Transfer of inheritance is realised upon final decision regarding death or loss of the legator. At the time of death or loss of the legator their legacy becomes available for inheritance. This point of time is important for determination of inheritors or legatees. One has to be alive, have a real or legal entity and not be disinherited in order to have a right in the inheritance. Here, "being alive" means that an unborn embryo in its mother's womb at the time of inheritance also carries the capacity of an inheritor provided that it is born alive.
Unless there is an obligation to continue inheritance partnership, the inheritors can demand distribution of the inheritance at any time. The distribution will be realised by request of all inheritors and with a lawsuit filed against all inheritors.
Turkish Inheritance Law includes a reserved share facility. Whether the legator wishes it or not, sums and shares must be reserved from their inheritance for their descendants, their spouse, or their forebears and their spouse if they have no descendants, and other inheritors in turn, according to the order of inheritance, including marital property shares applicable for living spouse(s). After calculation of all these ratios, application of dispensation rate will require a careful assessment.
We provide our clients with result oriented legal support with our attorneys acting as both attorneys in law and legal counsellor in regard of lawsuits in and against favour of our clients, including suits for dissolution of community, suits for annulment of inheritance contract, suits for cancellation of disinheritance, suits for inheritance certificate petitions, suits for annulment of inheritance certificate, suits for release from liability by waiver of inheritance and all other lawsuits in inheritance law.