INHERITANCE LAW · LEGAL INFORMATION

Ankara Inheritance Lawyer: The Estate, the Reserved Portion and Disclaimer

For people looking for an inheritance lawyer in Ankara, this page separates the estate, the reserved portion and disclaimer. A certificate of inheritance does not by itself produce registration of title. A will does not wipe out the reserved portion at will.

The reserved portion is a statutory protection.

The reserved portion is a statutory protection. A will does not wipe it out at will. Disclaimer depends on time and on form. An agreement on division does not by itself end an action for reduction.

On this page

This page explains the estate, the reserved portion and disclaimer. The office address in Çankaya does not choose the court that is competent for the certificate of inheritance or for the division.

The detail lives in other articles

Disclaimer is in disclaimer of inheritance. The reserved portion is in the reserved portion. The form of a will is in how a will is made.

  • A certificate of inheritance and the administration of the estate
  • Division of the inheritance and termination of co-ownership
  • Wills and actions for reduction
  • Advice on disclaimer and on acceptance of the inheritance

Founding lawyer Av. Ayşenur Konar (Ankara Bar Association 37181). The office is in Çankaya / Ankara: Kocatepe Mah. Hatay Sk. Tülta İş Hanı No:6/9. The Çankaya office record is separate. The competent court or enforcement office does not follow the office address.

What is inheritance law?

Inheritance law, through the inheritance provisions of the Turkish Civil Code, regulates statutory heirship, dispositions on death, the reserved portion and administration of the estate.

Matters seen often in Çankaya, Ankara, are the certificate of inheritance, the division of registered immovable property, reduction and disclaimer of the inheritance.

Which heading of the estate sits on this URL?

  • The certificate of inheritance (certificate of heirship)
  • Identifying and preserving the estate
  • Division of the inheritance and termination of co-ownership
  • A will, a contract of inheritance and reduction
  • Allegations of a simulated transaction by the deceased
  • Disclaimer, acceptance and annulment of the inheritance

Why are the statutory heir, the beneficiary and the creditor kept apart?

  • Statutory heirs, and appointed heirs, who want a certificate of inheritance
  • Co-owners who cannot divide the immovable property in the estate
  • Heirs whose reserved portion has been infringed
  • People weighing disclaimer where the estate is indebted
  • People who want to prepare a will, or to seek its annulment

Where is a certificate of inheritance obtained?

A certificate of inheritance can be obtained through a notary or through the court. If there is no dispute and the conditions are suitable, the notary route can be more practical. If the civil-registry records, a foreign element or a dispute is in the way, the court route may be required.

  1. 1.Gathering the civil-registry and family records
  2. 2.Identifying the statutory heirs
  3. 3.An application to the notary or to the court
  4. 4.Using the document in the land registry, at the bank and in other transactions

What is the reserved portion?

The reserved portion is the minimum share that the statute gives to particular heirs and that a disposition on death cannot remove entirely. Descendants, parents and the surviving spouse can hold a reserved portion on particular conditions.

If the reserved portion is infringed, an action for reduction arises. The time limits and the method of calculation are particular to the file.

How is an inheritance divided?

If the heirs agree, the estate can be divided by an agreement on division. If there is no agreement, sale or partition in kind is considered in an action to terminate the co-ownership.

InstitutionA short explanation
Certificate of inheritanceAn official document showing the status of heir
Reserved portionA minimum inheritance right that cannot be removed
ReductionReduction of dispositions that infringe the reserved portion
Termination of co-ownershipEnding the co-ownership, by sale or by partition

Estates that include immovable property

Problems of co-ownership are often seen in registered property. If a sale is ordered, the auction and the division of the price are managed separately. The overlap with real-estate law is high.

A simulated transaction by the deceased

Transactions that are presented as a sale, but are made in order to keep property away from an heir, are a separate subject of examination in the decisions of the courts. Proof is conducted with witnesses, the facts of how life was lived, and the balance of the documents.

Disclaimer of the inheritance

An inheritance passes together with its debts. If the debts of the estate exceed the assets, disclaimer of the inheritance can be considered. The period and the procedure for disclaimer should not be missed. Particular situations, such as disclaimer by operation of law, are examined separately.

Why is a share not discussed without an inventory of the estate?

  • The civil-registry records, and any will, should be gathered
  • The assets and the debts of the estate should be listed
  • The reserved portion, and the time limits for reduction, should be checked
  • A certificate of inheritance should be planned for the land registry and for the bank

Does a certificate of inheritance finish the transfer at the land registry?

The certificate of inheritance, the transfer at the land registry and the division among the heirs are separate doors. The civil-registry record, any will and the inventory of the estate separate those doors. A share ratio is not discussed while the document is missing.

The reserved portion is the minimum right that a will cannot wipe out at will. Reduction is a separate action. Where the estate is indebted, the period for disclaimer depends on form.

Which step does the retainer carry in an estate matter?

The work is obtaining the document, the time for a claim for reduction or for termination of co-ownership, and the time for the statement of disclaimer. The engagement agreement does not present the land-registry transfer as automatic. Termination of co-ownership is not a copy of an agreement on division. A measured frame leaves an uncertain share visible.

An allegation of a simulated transaction by the deceased reads the apparent sale as a real gift, or as a transfer made to keep property away. It calls for witnesses and for the facts of how life was lived. For an heir who lives abroad, the power of attorney and the apostille are a separate plan. The surviving spouse’s share is discussed after liquidation of the matrimonial property regime.

Does a division of the inheritance end every dispute?

Inheritance proceedings in Ankara call for documents, for time limits and for a balance inside the family. In an assessment centred on Çankaya, each estate is taken with its own assets and its own structure of heirs.

A definite result is not promised. The legislation in force, and the decisions of the Court of Cassation, matter.

Related practice areas

Disputes in this area often meet the topics below. Each one has its own page.

Frequently asked questions

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.

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