Where is a certificate of inheritance obtained?
It can be obtained through a notary or through the court. If there is a dispute, a foreign element or a problem in the records, the court route may be required.
What is the reserved portion?
It is the minimum share that the statute gives to particular heirs and that a will cannot remove entirely. If it is infringed, reduction can arise.
How is an inheritance disclaimed?
It can be disclaimed by a statement of disclaimer to the civil court of peace within the statutory period. The period and the procedure should not be missed.
What does a will need in order to be valid?
The formal requirements change with the type of will. The conditions of an official will, a holographic will and an oral will are separate. The risk of invalidity is examined according to the particular form.
What is an action for reduction?
It is the action in which an heir whose reserved portion has been infringed asks that the part of a disposition on death which exceeds the reserved portion be reduced.
What does termination of co-ownership mean?
It is the ending of co-ownership. If partition in kind is not possible, the division can be made by a sale.
How is an allegation of a simulated transaction by the deceased put forward?
It is an allegation that what appears to be a sale is in truth a transfer made to keep property away from an heir. Proof is sought with evidence such as witnesses and the facts of how life was lived. Each file is separate.
What is the surviving spouse’s share of the inheritance?
The spouse’s share changes with the class of heirs with whom the spouse inherits. Liquidation of the matrimonial property regime can also arise before the inheritance.
How is an inheritance share entered at the land registry?
The transfer at the land registry can be carried out with the certificate of inheritance. If there is a dispute, a court process may be required.
Is an indebted inheritance accepted?
On acceptance, the debts pass as well. Accepting in haste, without examining the state of the estate, is therefore a risk. Disclaimer can be considered.
What should an heir who lives abroad do?
A power of attorney, apostille or consular formalities, and the procedure of the competent authority, should be planned. A foreign element can affect the file.
How long does an inheritance case take in Ankara?
It changes with the scope of the estate, with an inspection or an expert, and with the number of parties. A standard period cannot be given.
Does a certificate of heirship correct the land registry of its own accord?
No. The document is the basic paper for the transfer. The transaction at the land registry, and any annotation or attachment, stand apart. If there is a dispute, the court route may be required.
If the heirs agree, does reduction close?
An agreement on division does not automatically end every claim for reduction. The time limit, and the will, of the heir whose reserved portion was infringed are looked at on the facts.