Inheritance

Turkish Inheritance Lawyer

Turkish inheritance lawyer or Turkish inheritance attorney must have an expertise in managing all procedures aiming at the distribution of the testator inheritance to his/her client under the Law.  Law of inheritance rules are beyond simple in Turkey.

Turkish Inheritance Law: Key Insights and Expert Guidance

Turkish Inheritance Law governs the transfer of assets, liabilities, and rights from a deceased individual to their heirs. It is codified in the Turkish Civil Code (Law No. 4721) and supplemented by the Act on Private International and Procedural Law (Law No. 5718) for international matters. Below is an overview of the legal framework, procedures, and the critical role of inheritance lawyers in Turkey. Every Turkish inheritance lawyer should duly understand and absorb the standards for Turkish succession laws to deal with complex inheritance procedures. Pi Legal Consultancy Istanbul lawyers and Ankara lawyers are very skillful to assist in the necessities of Turkish inheritance proceedings.

What is the meaning of Turkish inheritance lawyer?

Turkish inheritance lawyer is used to refer to an attorney who assists in the management of estate of a deceased family member. Turkish inheritance lawyer should be capable of defending rights and interests of legal and assigned heirs. Inheritance distribution Turkey from a deceased to the descendants necessitates careful expertise about Turkish inheritance law.  In the absence of inheritance dispute resolution Turkey, legal and assigned heirs may face up cause very long-lasting probate cases. Inheritance lawyer in Istanbul and inheritance lawyer in Ankara or inheritance lawyer in Antalya are found very helpful by particularly foreigners or Turkish citizens living and working outside Turkey.

Turkish Inheritance Attorney

Our lawyer, Busra Dereli, works as a Turkish inheritance lawyer.

 

turkish inheritance attorney
Turkish Inheritance Attorney

As an international law firm, we offer expert legal services in matters of inheritance law. Our Turkish inheritance attorney team is well-versed in navigating the complexities of Turkish inheritance regulations, ensuring that your rights and interests are fully protected. Whether you are dealing with cross-border inheritance issues or need assistance with estate planning, our experienced attorneys provide personalized support and comprehensive legal advice. Trust our expertise to guide you through the legal process with confidence and clarity.

Address : Korkut Reis Mahallesi Necatibey Caddesi, No:38 Kat:7 06420 Yenişehir Çankaya/ANKARA

Phone : +90 536 038 0222

Turkish Inheritance Law Firm

Here are list of turkish inheritance law firm in Turkey and Ankara, istanbul, Antalya and other cities for Turkey.

NamePhoneAddressProfile Page
pi legal consultancy
pi legal consultancy
Pi Legal Consultancy Istanbul Office+90 312 514 8060Fatih Sultan Mehmet Mah. Poligon Cad. Buyuka 2 Sitesi No: 8 C3 Blok D: 48 Ümraniye / İstanbulIstanbul Law Office
pi legal consultancy
pi legal consultancy
Pi Legal Consultancy Ankara Office+90 536 038 0222Korkut Reis Mahallesi Necatibey Caddesi, No:38 Kat:7 06420 Yenişehir Çankaya/ANKARA

How an inheritance claim process Turkey can be managed by a Turkish inheritance lawyer?

There are critical deadlines and timeliness for inheritance claims turkey. Following obtaining the certificate of death, certificate of inheritance Turkey (verasetname veya mirasçılık belgesi in Turkish) must be provided as soon as possible. Inheriting property or movables may require several steps.

Understanding Turkish Inheritance Law

There are core governing principles according to Turkish legal framework that each Turkish inheritance lawyer should bear in mind.

  1. Movable Property: Governed by the national law of the deceased pursuant to the Act on Private International and Procedural Law.
  2. Immovable Property in Turkey: Exclusively governed by Turkish law, irrespective of the deceased’s nationality.Probate law procedures may require a transfer of title deed for a property. In that stage, a careful procedure should be followed up through a professionnal help by Turkish inheritance lawyer.Property management in Turkey involves a wide range of steps such as checking due diligence and clearances, safe transfer of title deed to the new owner, property maintenance, tenant screening, rent collection and ongoing legal compliance.
  3. Forced Share (Reserved Portion: Saklı Pay in Turkish)
    • Certain legal heirs (children, spouse, and in some cases, parents) have a statutory right to a fixed portion of the estate. This portion cannot be overridden by a will, ensuring family members are not disinherited.
    • The forced share mechanism is a cornerstone of Turkish inheritance law, protecting heirs’ financial security.
  4. Certificate of Inheritance (Mirasçılık Belgesi veya Verasetname in Turkish):
    • This legal document identifies the heirs and their respective shares in the estate.
    • Issued by Turkish courts or notaries, it is a prerequisite for probate proceedings.
  5. Inheritance Tax:
    • Legal and assigned heirs are obligatory to pay inheritance tax, which is calculated based on the value of the assets and the relationship between the heir and the deceased.
    • Tax rates and exemptions are updated annually and must be paid before asset transfer.
  6. Last Will and Testament:
    • A legal document where the deceased expresses their wishes regarding the distribution of assets.
    • Must comply with Turkish legal requirements, particularly respecting forced share rules, to be valid

 

Probate law procedures also necessitates banking procedures. With regard to legal alerts and more comprehensive information, take a look at our practice areas of

Banking and Finance 

Do you need a Turkish inheritance lawyer?

Turkish inheritance lawyer must evaluate both sides of the same coin. Indeed, it is interesting that the acceptance of an inheritance may not be always desirable particularly where the inheritance also brings accumulative debts. It is worth emphasizing that Turkish probate law principles are formulated strictly by the Turkish Civil Code.

The Role of Turkish Inheritance Lawyer

Turkish inheritance lawyer plays a pivotal role in navigating the complexities of inheritance law. They offer the following services:

  • Documentation Assistance:
    • Securing essential documents such as the death certificate and certificate of inheritance.
    • Drafting legally compliant wills and testamentary documents, particularly for foreign nationals.
  • Probate and Estate Distribution:
    • Facilitating the transfer of immovable property, financial assets, and other inheritance-related matters.
    • Mediating disputes and ensuring fair distribution among heirs.
  • Cross-Border Inheritance:
    • Managing international inheritance cases under Law No. 5718, addressing conflicts of laws and jurisdictional challenges.
    • Providing tailored solutions for cross-national probate issues.
  • Litigation and Dispute Resolution:
    • Representing clients in inheritance disputes, including forced share claims, will invalidation cases, and asset distribution conflicts.
  • Asset Management and Tax Compliance:
    • Ensuring proper registration, valuation, and legal transfer of assets.
    • Advising on inheritance tax obligations and filing requirements.

How can you sue for inheritance in Turkey or in another jurisdiction?

Inheritance law has very strict and binding provisions across the globe. The main aim of such norms governs rights from one side and responsibilities on the other for successors. Thus, disputes arising from inheritance are complex and always take a long time for a settlement. That is the case for most countries. Cross-border inheritance law Turkey is directly provided by the Act on Private International and Procedural Law Numbered 5718.

Inheritance Procedures in Turkey

  1. Obtaining the Death Certificate:
    • This document, issued by Turkish or foreign authorities, is required to initiate inheritance proceedings.
  2. Securing the Certificate of Inheritance:
    • Establishes the legal heirs and their shares, enabling the estate’s distribution.
  3. Taxation:
    • Inheritance tax based on asset transfer is calculated and paid before the estate is transferred.
  4. Transfer of Assets:
    • Immovable property ownership is transferred at the Land Registry Office.
    • Financial assets are released from frozen accounts following probate processes.
  5. Banking and Administrative Procedures:
    • Containes the management of debts, closure of accounts, and distribution of funds among heirs.

What is the main legal base for international inheritance disputes in Turkey?

Above all, it is critical to emphasize that the Act on Private International and Procedural Law (Numbered 5718) plays a core role in regulating cross-national cases. Specifically, Article 20 states that the national law of the deceased shall govern inheritance. It necessarily means that fundamental priority is the citizenship of the decedent. For instance, if the testator has the USA citizenship, the USA rules will be applicable. Nevertheless, with regard to immovable property located in Turkey, Turkish law is applicable to any case. Article 20 also stipulates that provisions relating to the reasons of opening, acquisition and distribution of succession shall be governed by the law of the state where the estate is located.

inheritance law firm
Turkish inheritance lawyer

For a detailed analysis of USA system, see our article on Inheritance Law in the USA

Additionally, any probate dispute concerning foreigners requires an innovative approach of English-speaking lawyers in Turkey.  

What is the Last Will and Testament in Turkey?

Last will and testament refers to a legal document declaring the wishes of testator for his|her asset transfer. Turkish inheritance lawyer is capable of helping the articulation of the last will and testament for foreigners in Turkey. Last will and testament in Turkey should be formulated as a legally binding document based on will of deceased. Turkey barristers and legal practitioners can be very helpful for such process.

How to write a will?

Identification of the name of the assigned heirs, the type of assets including movables, banking accounts and immovables, organization of assets between inheritors, name of beneficiaries, signing are important part of articulation of the last will. It is required to address explicitly each of your assets and beneficiaries. Istanbul solicitor or Istanbul lawyers have all skill sets to manage successfully such cases because of their expertise about very long-lasting and complicated cases.

A Last Will and Testament outlines the testator’s wishes regarding asset distribution. To ensure validity, the will must:

  • Identify heirs and beneficiaries explicitly.
  • Include all movable, immovable, and financial assets.
  • Be signed and notarized in compliance with Turkish law.

How do I claim my inheritance from Turkey?

Since inheritance proceedings are so complex and complicated, particularly foreigners should provide a full-fledged legal assistance by lawyer in Istanbul and lawyer in Ankara or the relevant area-located lawyer. Turkish national authorities including Civil Registries are very careful for particularly the right to data privacy and respect for private life during inheritance proceedings.

What is meant by forced share?

Forced share is accepted to open the gate for receiving a certain part of decedent’s assets. It is also called as “statutory share” or “reserved portion”. It is significant to bear in mind that Turkish inheritance norms require the recognition of family members’ forced share including children. It is also remarkable that this is not the case for different jurisdictions such as the United States. It is seen as possible for parents to exclude their own children from having any certain amount of their assets. “Omitted child doctrine” has been improved to protect children’s interests.

What is the role of Pi Legal Consultancy Turkish inheritance lawyer working group?

Pi Legal Consultancy has been regarded one of the top international inheritance law firms in Turkey. International inheritance lawyers help international and national clients for probate procedures in and out of Turkey.

Our lawyers for inheritance advise clients on different issues ranging from will and estate planning to complicated questions of domestic inheritance legal framework. Professional assistance is also offered to people based outside of Turkey by our group of inheritance lawyer in Turkey. These clients are generally interested in the proper management of their heirs and estate planning. Our inheritance lawyers have a capacity to provide a comprehensive guidance for the legal requirements concerned at every single stage of inheritance.

Consultation by working group of inheritance lawyer in Turkey may extend to a wide variety of legal matters as follows:

  • Gaining a certificate of inheritance,
  • Obtaining the death certificate before foreign national institutions,
  • Carrying out probate procedures in foreign jurisdictions,
  • Understanding the last will and testament documents,
  • Defending the rights of family members against trust agreements,
  • Compulsory share of inheritance| forced share | reserved portion rule,
  • Opening probate procedures,
  • Management of assets,
  • Inheritance contracts and cases for their cancellation,
  • Foreigners’ right of inheritance.

Do you pay inheritance tax in Turkey?

Undoubtedly inheritance tax is paid in Turkey during the asset transfer from deceased to legal and assigned heirs. Inheritance tax rates are updated annually.

Whether you need assistance with estate planning or navigating complex inheritance disputes, Pi Legal Consultancy’s experienced team ensures your rights and interests are fully protected.

Our Relevant Articles

All our articles and papers on emerging legal challenges for inheritance law together with their fully fledged solutions are available online here.

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