In our age, where all humanity is in pursuit of a long life, we all witness serious disagreements about the assets left behind after life, and the basis of these disagreements is getting a share from the inheritance.
Considering that 2020 million 1 thousand 545 certificates of inheritance and 224 million 2 thousand 879 testaments were made through E-Devlet only in 396, do we ask the question of what are the rights of the heir to get a share from the inheritance?
In our article, where we were looking for answers to these questions, we examined both inheritance and inheritance issues with Lawyer Emre Avşar, one of the founding lawyers of Prof Law Firm.
Inheritance Law and Inheritance is one of the most dynamic areas of our law. Moreover, we can mention that it is an institution that has existed since the first societies and forms the basis of being a society.
After all, Heritage is actually a reflection of the property right, which is one of the indispensable rights of modern societies. As a general definition, it means the property left to relatives of a deceased person.
The equivalent of this definition in law is called inheritance. It defines the transfer of the property of the deceased (the inheritor) to persons who have the right of inheritance.
The Principles of Inheritance Law are regulated in the Turkish Civil Code No. 4721.
Hunting. Emre Avşar answered our questions about Heritage and Heritage issues as follows:
Who can be heirs?
Those who can be inheritors and to what extent they will be inheritors are determined in the Turkish Civil Code.
According to this order;
If there is a spouse with a descendant (children) of the murine:
- The children inherit (three quarters) and the spouse ¼ (one quarter).
Muricin does not have a descendant, but if there is a spouse and a parent (i.e. mother-father):
- Inherited ½ (one in two) to parent and spouse.
In the absence of a partner:
- All of the inheritance will be left to lower lineage, upper lineage if no lower lineage, siblings and other legal heirs (uncle, uncle, aunt, aunt and their heirs) if there is no upper lineage.
However, it should be noted that in cases where there is no lower or upper ancestry but only side ancestry (brother, cousin, uncle, aunt, etc.), if the spouse of the inheritor is alive, the whole inheritance will be transferred to the spouse.
To the heirs we talk about here is called the legal heir. Some of the legal heirs are they are the heirs with reserved shares.
To explain what a hidden share heir means;
In some cases, the inheritor can designate the inheritors by issuing a will, or the people who do not have a lineage or who will not inherit the inheritance even if they have a descent. However, if the inheritance has a hidden share inheritor, which we will talk about a little later, the hidden share of these heirs must be protected.
Hidden heirs are descendants, descendants and spouses. The lower lineage will have the right to inherit with a hidden share (one in two).
If there is no lower lineage, the right to inheritance of the parent lineage is (one fourth).
Finally, if there is neither lower lineage nor upper lineage, the spouse has the right of inheritance with a hidden share te (three quarters), and in cases where the inheritance with the lower lineage or upper lineage, the whole inheritance is considered to be reserved.
For example; Even if the inheritor has 2 children but he / she deems as a spiritual son with his will but does not have any descent, even if the inheritance is transferred to the third person who does not have any lineage, the inheritance has a reserve share of (one in two), so the inheritance is free to save on the remaining ½ (one in two) of the reserved share. Since there is, mal (one in two) ratio of maximum assets will be transferred to his spiritual son.
In cases where the inheritance is transferred without considering the rights of the heirs with reserved shares, the heir with the reserved share right to sue for criticism .
According to this institution regulated in article 4721/560 of the Turkish Civil Code numbered 1, "Inheritors who cannot get the compensation of their reserved shares can sue the criticism of their savings exceeding the amount that the inheritor can save." It is called. In other words, the heir with the reserved share will gain the right of inheritance to the extent stipulated by the law.
In article 565 of the same law, some unrequited gains made by the inheritor while he was still alive are also subject to criticism. These; earnings made to the heir on account of the inheritance share, sub-soybean property transfer, unusually given dowry, gifts and high financial value gains, gains regarding the liquidation of inheritance rights before death, donations other than gifts made within a year before death, and ultimately, the inheritance will render the hidden share ineffective. Other benefits are obviously obvious.
The right of individual property, which forms the basis of modern societies, is so wide that it even affects the inheritor's complete freedom of disposition. In the Tenkis case, the right to file a lawsuit expires with a period of 1 year from the date of learning that the reserved share has been damaged, and 10 years from the date of opening the inheritance.
Another similar institution equalization with criticism
In this institution, which is very similar to criticism and regulated between articles 4721-669 of the Turkish Civil Code numbered 675, it is ensured that the inheritors have equal inheritance rights due to the unrequited benefits made by the inheritor to other heirs while he was still alive. In the equalization, the heir will have to transfer the acquired thing to the estate to share it.
Accordingly, it will be possible to apply the way of equalization as a result of the transaction between the allowances, the decrease in the estate and the inheritance share of the heir. The purpose of the law here is to ensure an equal and fair sharing among inheritors. The equalization case must be opened until the end of the inheritance allocation stage. The time-out for equalization will be subject to the general 10-year time-out.
As a result, the superior rights of the heir are protected under the Turkish Civil Code rather than the unilateral disposition of the person who left the inheritance, and those who cannot benefit from the inheritance right for the reasons explained above always have the right to apply for the relevant legal remedies.