Inheritance law is the set of rules that govern the status of inheritable rights, obligations, and other legal relationships of a person, whom we call the testator, that do not end with their death but are transferred to their heirs.
What is Inheritance?
Inheritance refers to the entirety of private legal relationships that pass to the heirs upon a person’s death, meaning the estate.
Who is the testator? This refers to the person whose death triggers the legal arrangement of their private legal relationships. Only a natural person can be a testator. In cases of testamentary disposition, the term ‘testator’ is also used instead of ‘decedent’.
Who is an Heir?
An heir is a person who has rights over the testator’s estate as a universal successor. Heirs are divided into two categories based on the reason for their heirship: legal heirs and appointed heirs.
Who are the Legal Heirs?
In our legal system, there are 4 types of legal heirs. These are blood relatives, adopted children, spouse, and the state. In legal inheritance, the Turkish Civil Code has adopted a parentelic system. This system has 3 levels in our law. These can be briefly explained as follows:
The first parentela is the testator’s descendants. The first parentela extends indefinitely downwards.
The second parentela consists of the testator’s parents and their descendants. This means their mother and father, siblings born from the same parents, nieces and nephews, grand-nieces and grand-nephews, etc., extending indefinitely downwards and sideways.
The third parentela consists of the testator’s grandparents on both maternal and paternal sides and their descendants, extending indefinitely downwards and sideways. This includes the testator’s aunts, uncles, and their descendants.
What is a Certificate of Inheritance?
A Certificate of Inheritance is a document that shows who the heirs are and in what proportion they inherit after a person’s death. The lawsuit for a certificate of inheritance is filed by legal heirs to determine whether they are heirs and to establish their inheritance shares and proportions.
What are Inheritance Law Cases?
In practice, we encounter many types of cases in the field of inheritance law. Examples of these types of cases include:
- Lawsuit for Issuance of Certificate of Inheritance
- Lawsuit for Judicial Rejection of Inheritance
- Lawsuit for Annulment of Inheritance Rejection Decision
- Lawsuit for Determination of Estate Assets
- Lawsuits Related to Estate Protection
- Lawsuit for Equalization and Reduction in Inheritance
- Lawsuits Arising from Inheritance Contracts
- Lawsuit for Declaration of Absence of Heir/Testator
- Lawsuits Related to Distribution of Inheritance
- Lawsuits for Execution of Specific Bequests
- Lawsuit for Annulment of Will
- Lawsuit for Execution of Will
- Recognition and Enforcement Lawsuits for Foreign Court Decisions on Opening of Wills
- Lawsuit for Determination of Insolvent Estate
- Lawsuit Concerning Disputes Arising from Appointment of Preliminary or Subsequent Heirs
- Lawsuit for Dissolution of Joint Ownership
Izmir Inheritance Lawyer
Gürbüz Law+ Partners, operating in Izmir, as an Izmir Inheritance Lawyer, takes responsibility in all matters related to inheritance law; including regulating relationships between testators and heirs; handling cases about estates, preparation of wills, lawsuits for annulment of wills, lawsuits for dissolution of joint ownership, and other inheritance law-related cases. They provide legal consultancy services for resolving legal issues and stand by you during lawsuit processes in disputes arising from inheritance law.
For information about our Legal Consultancy and Attorney Services regarding inheritance law disputes, you can contact our Expert Lawyer Team via info@gurbuzlaw.com.
