Izmir Inheritance Lawyer

Inheritance law is a sensitive field in which complex and technical legal questions are often added to the emotional burden created by the loss of a loved one. On a person's death, the assets, rights and debts they leave behind pass to their heirs; yet how this transfer is to take place, who is entitled to what proportion and how the division is to be carried out very often give rise to disputes. The first steps taken in an inheritance matter and the legal strategy chosen can determine the entire course of the process. As Av. Aydın, we offer our clients holistic support at every stage of inheritance law, from obtaining the certificate of inheritance to the division of the estate, and from the calculation of the reserved share to the renunciation of the inheritance. Setting the process up correctly from the outset with an experienced Izmir inheritance lawyer both prevents losses of rights and ensures that disputes within the family are resolved in a less damaging way. This is all the more relevant for heirs living abroad who hold inheritance or immovable property in Türkiye and must navigate the process from a distance.

Our Services as an Inheritance Lawyer

Inheritance law is a comprehensive field encompassing an extensive body of legislation, above all the inheritance provisions of the Turkish Civil Code No. 4721 (Türk Medeni Kanunu), together with its own distinctive procedural rules. Our work in this area is by no means limited to division cases; a wide range of actions and transactions extending from the opening of the succession to its liquidation falls within our scope. An Izmir inheritance lawyer must, keeping the balance among the heirs in view, have command of both the substantive law and the procedural rules and be able to assess the relationships of assets and rights correctly. Our main types of cases and transactions are the following:

• Obtaining the certificate of inheritance (mirasçılık belgesi): Obtaining, from the civil court of peace or from a notary, the certificate of inheritance that officially sets out who the heirs are and in what proportion. This document is very often the precondition for almost every inheritance-related transaction.
• Dissolution of co-ownership (izale-i şuyu) cases: Cases that provide for the division, either by division in kind or by sale, of movable and immovable property that the heirs cannot divide among themselves. This is among the inheritance disputes most frequently encountered in practice.
• Abatement (tenkis) cases: Cases concerning the recovery, to the extent necessary to protect the reserved share, of gifts made by the deceased in a manner that impairs the statutory shares of the reserved-share heirs.
• Testator's collusion (muris muvazaası, concealing assets from heirs) cases: Cases seeking the annulment of the collusive (simulated) transactions by which the deceased, in order to conceal assets from the heirs, transferred property they in fact wished to donate by making it appear as a sale.
• Drawing up wills and inheritance contracts: The preparation of a person's dispositions upon death in a legally valid and enforceable form; advice on the processes of the handwritten, official or oral will and the inheritance contract.
• Annulment and enforcement of a will: Annulment actions based on a defect of form, lack of capacity or grounds vitiating the will, together with enforcement claims that secure the carrying out of a valid will.
• Renunciation of inheritance (reddi miras): The transactions relating to an heir's renunciation of the inheritance within the statutory period where the estate is over-indebted or the heir does not wish to accept the inheritance for other reasons.
• Preparation of an estate-division (partition) agreement: The lawful drawing up of the agreement by which the heirs divide the estate by consent, without resorting to litigation.
• Reserved-share and abatement calculation: The correct calculation of the statutory reserved-share proportions of the descendants, the spouse and the parents, and the determination of the legal avenues necessary to protect these shares.
• Determination of the estate and the taking of an inventory: The determination of the deceased's assets and debts, measures for the preservation of the estate and applications for the taking of an official inventory.
• Renunciation-of-inheritance-rights agreement (mirastan feragat): The drawing up of the agreements relating to an heir's waiver of their inheritance rights, with or without consideration, while the deceased is still alive.
• Disinheritance (ıskat) disputes: Assessments relating to the deceased's exclusion of a reserved-share heir from the inheritance where the serious grounds enumerated in the law exist.
• Equalisation (hotchpot) cases: Cases brought to have certain gifts made by the deceased to their descendants during their lifetime taken into account in the division.
• Renunciation of inheritance by operation of law and liquidation of an indebted estate: Where the estate is over-indebted, the inheritance being deemed renounced and the protection of the heir against the creditors.

In all of these case types, an Izmir inheritance lawyer must plan the file in its entirety, not merely at the moment it is opened but from the opening of the succession through to the completion of the division and the registration procedures. As Av. Aydın, we believe that viewing inheritance law from this holistic perspective is important both in reducing unnecessary disputes among the heirs and in preventing losses of rights.

Legal Heirs and Appointed Heirs

Under Turkish law, the inheritance passes either to the persons determined by law (legal heirship) or to the persons determined by the will of the deceased (appointed heirship). A correct understanding of these two concepts is important in establishing who is entitled, in what capacity and in what proportion.

Legal Heirs and the Parentela System

The Turkish Civil Code builds legal heirship upon the parentela (degree) system. Accordingly, the blood relatives of the deceased are divided into three parentelas. The first parentela is the descendants of the deceased; that is, their children, their children's children (grandchildren) and so on. The second parentela is the mother and father of the deceased together with their descendants, namely the siblings and nephews and nieces. The third parentela is the grandparents together with their descendants. The important rule is this: so long as there is an heir in a higher parentela, the parentela below cannot inherit. If, for example, the deceased has children, their siblings cannot inherit.

The surviving spouse, by contrast, does not belong to any parentela; they inherit together with each parentela and in varying proportions. The spouse's share of the inheritance is determined according to the parentela with which they inherit: together with the descendants they take one-quarter of the inheritance, together with the parents' parentela one-half, and together with the grandparents' parentela three-quarters. Where there are no blood relatives at all, the whole of the inheritance passes to the spouse. Where there is no legal heir, the inheritance ultimately passes to the State. An Izmir inheritance lawyer, by correctly determining who inherits in the concrete case, in what capacity and in what proportion, ensures that the process rests on a sound footing.

The Appointed Heir and the Legacy of a Specific Asset

Through a disposition upon death such as a will or an inheritance contract, the deceased may appoint as heir a person outside the legal heirs. An appointed heir is a person made heir to the whole of the estate or to a specific proportion of it (one-half, for example), and, just like a legal heir, becomes the universal successor to the estate. By contrast, where the deceased wishes to leave a specific asset (an immovable, a vehicle or a sum of money) to a specific person, this is called a legacy of a specific asset (belirli mal vasiyeti); this person does not acquire the status of heir but may only demand that the asset be handed over to them. It must be noted that, even in exercising this will, the deceased cannot infringe the shares of the reserved-share heirs; otherwise an abatement action may come onto the agenda.

The Reserved Share and the Freely Disposable Portion

One of the most important concepts of inheritance law is the reserved share. The reserved share (saklı pay) is the minimum share that the law grants to certain heirs as a safeguard and that the deceased cannot infringe even through dispositions upon death or transfers between the living. The reserved-share heirs are the descendants of the deceased (their children and their descendants), the surviving spouse and, in certain situations, the mother and father. The reserved share of siblings is not safeguarded under the current legislation.

The portion outside the reserved shares, over which the deceased may dispose freely, is called the freely disposable portion (tasarruf edilebilir oran). The deceased may make a gift to whomever they wish only within this portion; gifts exceeding the reserved shares may be recovered through an abatement (tenkis) action brought by the reserved-share heirs. The correct calculation of the reserved-share proportions and of the disposable portion is decisive both at the stage of drawing up a will and in abatement cases. This calculation is a technical matter that must be carried out having regard to the capacity and number of the heirs and to the structure of the estate. An Izmir inheritance lawyer, by correctly carrying out the reserved-share and abatement calculations, protects the heirs' safeguarded rights.

Dissolution of Co-ownership (İzale-i Şuyu) Case

On the death of the deceased, where there is more than one heir they become joint owners (elbirliği mülkiyeti) of the assets in the estate. In this form of ownership the heirs may deal with the assets only jointly; it is not possible for a single heir freely to sell or transfer their share alone. Where the heirs cannot agree on the division, a dissolution of co-ownership (izale-i şuyu) action is brought to bring this co-ownership to an end.

In this case the court first assesses whether the property can be divided by division in kind, that is, by being physically split. Where division of the property is not possible, or would significantly reduce its value, the property is sold by public auction and the proceeds obtained are distributed to the heirs in proportion to their shares. A dissolution of co-ownership action may be brought by any one of the heirs, and this right is, as a rule, not subject to prescription. As Av. Aydın, in files of this kind we emphasise that seeking, so far as possible, an out-of-court solution to the division is very often healthier in terms of both cost and family relationships; but where agreement cannot be reached, litigation is the most effective means of protecting the heirs' rights.

Testator's Collusion: Concealing Assets from the Heirs

One of the inheritance disputes most frequently encountered in practice concerns the transactions carried out by the deceased during their lifetime with the aim of concealing assets from the heirs. Testator's collusion (muris muvazaası) is the deceased's transfer of a property they in fact wished to donate, in order to conceal it from their heirs (in particular the reserved-share heirs), by ostensibly presenting it as a sale or another transaction.

In testator's collusion, the apparent transaction (a sale, for example) is invalid because it does not reflect the true intention of the parties; the concealed gift transaction is likewise deemed invalid because it does not satisfy the conditions of form. For this reason the transfer effected by the collusive transaction may be annulled to the extent of the inheritance shares.

Heirs may, by asserting the existence of such a collusive transaction, bring a title-deed cancellation and registration action. In these cases the most critical matter is proof; it must be established by concrete evidence that the true intention of the deceased was to donate, that the sale price was not in fact paid, or that the transaction was intended to conceal assets. Witness statements, the economic situation of the deceased, the relationship between the parties and the circumstances in which the transaction took place are of importance in this assessment. Actions based on testator's collusion are, as a rule, not subject to any particular preclusive period; but, given the risk that evidence may be lost over time, it is advisable to conduct the process without delay. An Izmir inheritance lawyer ensures that the strategy for collecting evidence and establishing proof is set up correctly in these files from the outset.

Wills and Inheritance Contracts

A person may wish to determine during their lifetime how their assets are to be divided after their death. Our law recognises two basic instruments for this: the will and the inheritance contract. For these dispositions upon death to be valid, they depend on strict conditions of form and on the person's capacity to dispose.

A will (vasiyetname) is a disposition drawn up unilaterally by the person and from which they may withdraw at any time. The law provides for three types of will: the official will (drawn up before a notary or authorised officer, in the presence of two witnesses), the handwritten will (written from beginning to end in the deceased's own hand, dated and signed) and, in exceptional circumstances, the oral will. The inheritance contract (miras sözleşmesi), by contrast, is a bilateral legal transaction; it is made in official form between the deceased and the other party and, as a rule, cannot be withdrawn unilaterally. A failure to observe the reserved-share rules when drawing up a will may lead to abatement cases later on. For this reason, as Av. Aydın, we emphasise the importance of preparing dispositions upon death having regard both to the conditions of validity and to the reserved-share balances. The enforcement of a valid will, and, where it is defective, its annulment, may come onto the agenda.

Renunciation of Inheritance (Reddi Miras)

The inheritance encompasses not only the assets but also the debts of the deceased. Where the estate is over-indebted, that is, where the debts exceed the assets, the heirs have the right to renounce the inheritance so as not to be liable for these debts. Legal heirs may, as a rule, renounce the inheritance within a specific statutory period running from the date on which they learn of the deceased's death and of their being an heir. This period is preclusive; if it is missed, the inheritance may be deemed to have been accepted unconditionally.

Renunciation of the inheritance is effected by a declaration made to the civil court of peace. Where the estate is manifestly over-indebted, renunciation of inheritance by operation of law (hükmen ret) may be in question; in this case, without any need for the heirs to make a separate declaration of renunciation, a declaratory judgment that they are deemed to have renounced the inheritance may be sought. The correct calculation of the consequences and the periods of the renunciation of inheritance is of great importance; a decision taken in haste, or too late, may leave the heir facing unexpected debt obligations. An Izmir inheritance lawyer, by assessing the situation of the estate, helps to determine which of the options, such as renunciation of the inheritance, acceptance, or acceptance under the benefit of inventory, is in the heir's interest.

Izmir Inheritance Lawyer Fees

The fee of an inheritance lawyer is among the first matters most people wonder about at the start of the process. The most important factor determining the fee is the type of file, its scope, the size of the estate and the anticipated workload. Obtaining a single certificate of inheritance and the labour required by a dissolution of co-ownership case that may run for years and involve multiple properties and heirs differ greatly from one another. The table below has been prepared to offer a general framework for pricing; it is intended not to give a definite figure but to show the elements that affect the fee.

Transaction / Type of Case	Principal Factors Affecting the Fee
Obtaining the certificate of inheritance	The number of heirs, any foreign element and the scope of the file's preparation
Dissolution of co-ownership (izale-i şuyu) case	The number of properties, the value of the estate, the number of heirs and the duration of the proceedings
Abatement and testator-collusion cases	The value of the dispute, the density of the evidence and the need for an expert examination
Annulment / enforcement of a will	The nature of the claim and the scope of the disputes over capacity and form
Renunciation of inheritance and estate transactions	The urgency of the transaction, the situation of the estate and the scope of the examination required
Legal advice / preliminary consultation	The scope of the problem and the examination it requires

Attorney's fees may under no circumstances be set below the Minimum Attorney's Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations (Türkiye Barolar Birliği). This tariff secures the minimum value of the legal service and forms the lower limit of pricing. Because a significant proportion of inheritance cases are ones whose subject matter can be measured in money, a proportional attorney's fee may arise in these files; that is, the fee is set in proportion to the value of the case (the monetary size of the estate or of the claim). In matters whose subject matter is not money, such as the certificate of inheritance, a fixed fee is in question. A fee set above the tariff is agreed freely according to the particulars of the file, the labour to be expended and the need for expertise. As Av. Aydın, once we have assessed your file at the preliminary consultation and clarified its scope, we provide transparent fee information; committing to a definite figure without examining the concrete file would not be the right approach.

A distinction that is frequently confused here also deserves attention. The attorney's fee paid to the lawyer is the consideration for the legal service and rests on the contract between the client and the lawyer. By contrast, litigation costs are the items paid to the State or to third parties during the case, such as court fees, expert and site-inspection fees, witness expenses, and postal and service costs. In inheritance cases in particular, expert and site-inspection fees may make up a significant item because of the determination of the value of the properties. These items are independent of the attorney's fee. Moreover, depending on the outcome of the case, the counterparty attorney's fee that the court may charge to the opposing party may also arise; this fee is a concept distinct from the fee agreed with the lawyer. Discussing these items openly from the start when working with an Izmir inheritance lawyer forestalls surprise costs and makes the process predictable.

Who Is the Best Inheritance Lawyer in Izmir?

One of the questions most searched for online is "who is the best inheritance lawyer in Izmir". It must be stated honestly that there is no single "best" lawyer valid for every file. The correct expression is not the "best" lawyer but the lawyer most suited to the file. For every inheritance file has circumstances of its own, a number of heirs, a structure of the estate and a nature of dispute of its own. A file involving the division of a single property and a file in which numerous heirs, allegations of collusion and reserved-share disputes coexist call for very different expertise. For this reason, focusing on finding the lawyer suited to the requirements of your file, rather than searching for the "best", is far healthier.

Some criteria that can be considered when choosing a good inheritance lawyer are the following:

• Experience and area of specialisation: The lawyer's accumulated experience in the field of inheritance law and in disputes similar to the one in your file (such as dissolution of co-ownership, abatement or collusion) is important.
• Command of the file: A good lawyer has command of the structure of the estate and of the heirship relationships; they assess the reserved-share and abatement calculations, the procedural rules and current practice correctly.
• Communication and transparency: Working with a lawyer who explains the process in an understandable way, presents a realistic picture and makes no inflated promises inspires confidence.
• Conciliatory approach: Because inheritance disputes very often concern relationships within the family, working with a lawyer who seeks, so far as possible, an out-of-court solution is valuable in terms of both cost and relationships.
• Commitment to professional ethics: A lawyer who makes an honest and realistic assessment, rather than one who gives guarantees such as "we will definitely win the case" or "we will get all the property for you", should be preferred.

It should be understood that no lawyer can guarantee the outcome in advance in inheritance cases; for the judgment depends on the evidence, the situation of the estate and the court's discretion. When choosing an Izmir inheritance lawyer, preferring a lawyer who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises a certain result, will be in your interest over the long term. As Av. Aydın, our approach is to avoid inflated promises and to build the strongest legal ground together by presenting our client with a true picture.

Points to Watch Out for in the Inheritance Process

The inheritance process is a period that must be managed carefully in both emotional and legal terms. Certain mistakes made during this process can lead to losses of rights that are later difficult to repair. The most frequently encountered points to watch out for are the following:

• Tracking the time limits: It must not be forgotten that transactions such as the renunciation of inheritance are bound to a statutory period; missing the period may lead to the inheritance being deemed accepted.
• Investigating the situation of the estate: Investigating, before accepting the inheritance, whether the estate is over-indebted forestalls unexpected debt obligations.
• Preserving the evidence of collusion: In allegations of concealing assets from the heirs, the timely collection of the documents and information relating to the deceased's transactions is decisive in terms of proof.
• The limits of joint ownership: It must not be overlooked that the heirs cannot deal with the assets in the estate on their own, and that the division must be carried out by agreement or through the courts.
• Observing the reserved-share balances: Taking the reserved-share rights into account, both when drawing up a will and when assessing gifts that have been made, prevents abatement cases later on.

Overlooking these points very often affects the course of the file adversely. Working with an Izmir inheritance lawyer from the very start of the process ensures that these risks are foreseen in advance and that the necessary steps are taken in good time.

Our Approach as Av. Aydın

Inheritance law is a technical and sensitive field in which property law, the law of obligations and procedural law intertwine, and which very often directly affects family relationships. The particular circumstances of each file, the number and relationships of the heirs, the structure of the estate and the nature of the dispute call for a different legal strategy. As Av. Aydın, we first assess the file as a whole, correctly determine the heirship relationships and the reserved-share balances, and work from the very start of the process to forestall potential losses of rights.

We support our clients in Izmir and the surrounding region at every stage, from obtaining the certificate of inheritance to the dissolution of co-ownership, from abatement and collusion cases to the renunciation of inheritance and will transactions. Our aim is not merely to file suit; it is to build, so far as possible, a balanced and workable solution to the division among the heirs, and, where litigation is required, to place the file on the strongest ground. The losses of rights most frequently encountered in inheritance files stem from missing the period for the renunciation of inheritance, from a failure to collect the evidence of collusion in good time, from a failure to observe the reserved-share rights and from the division not being conducted in conformity with the law.

Dealing with inheritance matters after the loss of a loved one is a difficult period for most people. Having an experienced legal adviser at your side in this process both protects your rights and ensures that the process advances more predictably and in a less damaging way. For any question concerning inheritance law, you are welcome to contact our office.