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Av. Çağatay KISALaw & Consultancy

Inheritance Lawyer

Inheritance Law

After a death, heirs can obtain a certificate of inheritance and divide the estate, and can bring an abatement (tenkis) action against transactions that infringe their reserved shares. Renunciation of the inheritance is subject to a preclusive period of 3 months from learning of the death.

Services We Provide in This Area

  • Obtaining a certificate of inheritance
  • Determination and administration of the estate
  • Actions for the dissolution of co-ownership (partition, izale-i şuyu)
  • Abatement (tenkis) and hotchpot (equalization) actions
  • Actions for collusive transfers by the deceased (muris muvazaası)
  • Drafting wills and actions for their annulment
  • Renunciation of inheritance procedures
  • Waiver-of-inheritance and estate division agreements

Frequently Asked Questions

Inheritance Law: Frequently Asked Questions

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The reserved share is the portion of the statutory share that the deceased cannot take away, even by will. Descendants (children, grandchildren), parents, and the surviving spouse are reserved-share heirs. An heir whose reserved share has been infringed can bring an abatement (tenkis) action.

A muris muvazaası action can be brought at any time after the deceased's death; it is not subject to a limitation period. Transferring registered real property for no consideration or at an undervalue is a typical indicator of collusion; the remedy sought is cancellation of the title deed and re-registration.

Yes — heirs are liable for the estate's debts with their personal assets as well. If the debts exceed the estate's assets, the inheritance should be renounced within 3 months of learning of the death.

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