Introduction: Why is Inheritance Law One of the Most Debated Legal Areas in Türkiye?

In Turkey, inheritance disputes are among the most common types of conflicts due to the complexity of family relationships and the high value of assets involved.
Every year, tens of thousands of people seek answers to these questions:

• How is inheritance divided?

• What is the reserved share, and to whom is it granted?

• How is a will prepared, and what is required for it to be valid?

• Can an heir be disinherited?

• How to file a lawsuit for fraudulent transfer of assets (deceased's fraudulent transaction)?

• Can a parent transfer their household to a sibling while they are still alive?

• How to make a waiver of inheritance agreement?

• Under what circumstances is a reduction lawsuit filed?

This article explains all fundamental issues related to inheritance law in detail, using the Turkish Civil Code, Supreme Court decisions, and practical examples.

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I. Types of Inheritance: Who Can Be an Heir?

According to the Turkish Civil Code, inheritance is divided into two main groups:

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1. Legal Heirs

A. Altsoy (children, grandchildren)

They are the most powerful heirs of the first degree.

B. Parents and Descendants

It intervenes if there are no children.

C. Grandparents and ancestors

This applies if the parents are absent.

D. Surviving spouse

He is an heir in all classes.

E-Government

If there are no heirs, the estate goes to the state.

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2. Designated Heirs (Will or Inheritance Agreement)

The testator may appoint whomever he wishes as heir through a will.
However, the provisions regarding reserved shares are preserved.

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II. What is the Reserved Share? To Whom is it Granted?

The reserved share is the mandatory inheritance share that the testator cannot dispose of. This means that even if they leave an inheritance, they cannot touch certain heirs .

Reserved heirs:

• Descendants (children, grandchildren)

• Parents

• Surviving spouse

Reserved share percentages:

If the reserved share is infringed upon, a reduction lawsuit is filed.

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III. How is inheritance divided?

Inheritance can be divided in two ways:

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1. Agreed Division Among Heirs

The signatures of all heirs are required.
The title deed changes from "joint ownership" to "co-ownership" for the heirs.

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2. Partition Through Courts (Partition Lawsuit)

If the heirs cannot agree, the court will:

• He divides the property

• If division is not possible, a decision is made to sell.

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IV. Types of Wills and Their Validity Requirements

Wills can be drawn up in three ways:

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1. Formal Will

It is drawn up before a notary public or a magistrate.

It is the most reliable type of will.

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2. Handwritten Will

It must be entirely handwritten and signed.

History must be included.

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3. Oral Will

This applies in extraordinary circumstances such as war, earthquakes, and natural disasters.
It is corroborated by witnesses.

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Reasons for filing a lawsuit to invalidate a will:

• Incompetence

• Deception (trickery)

• Oppression

• Violation of law and morality

• Violation of the reserved share

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V. Disinheritance (Iskat) – The Most Severe Inheritance Sanction

A testator may disinherit an heir for certain reasons.

Reasons for Removal:

1. Committing a serious crime against the testator or their relatives

2. Seriously violating family law obligations

The Supreme Court does not accept disinheritance based on "minor disputes".

The removal must be done through a will.

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VI. Concealment of Assets – Fraudulent Transfer of Inheritance Case

This is the most common inheritance lawsuit filed in Türkiye.

When a parent transfers an asset to another child while they are still alive, with the intention of actually making a donation, this transaction is:

➡ This is fraudulent transfer of property by the deceased (concealment of assets)

Supreme Court criteria:

• Selling below value

• Family ties

• Intent to defraud heirs

• Discrepancy between the actual situation and the land registry record

• Witness accounts

Outcome:
A lawsuit is filed to cancel and re-register the title deed, and the property is returned to the estate.

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VII. Reduction of Shares Lawsuit – Violation of Reserved Share

If the testator has violated the reserved share of the inheritance, the heirs a reduction lawsuit .

Durations:

• 1 year in the will

• 10 years of donations

Reduction protects the rights of the reserved shareholder.

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VIII. Agreement on Renunciation of Inheritance

It is a contract made between the testator and the heir at a notary public . It can be for consideration or gratuitous.

Heir who renounces:

➡ They cannot inherit anything.
➡ Even their own children cannot be heirs.

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IX. The "Cluster" System for Descendants

In Turkish law, inheritance the kinship group system :

• 1. group: children

• 2. group: parents

• 3. group: grandparents

If one group exists, others cannot inherit.

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X. Renunciation of Inheritance

An inheritance can be renounced within 3 months of the date of death .

Why was it rejected?

• Excessive inheritance debts

• The heir's economic concerns

When an inheritance is renounced:

➡ Inherited debts do not pass to the heir.

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XI. Evidence and Supreme Court Jurisprudence in Inheritance Cases

Valid evidence:

• Witness

• Land registry records

• Bank transactions

• Expert report

• Notary documents

• Valuation reports

• SMS/WhatsApp conversations

• Audio recordings (must be legally compliant)

In cases of fraudulent transactions by the deceased, witness statements are particularly important.

Conclusion

Inheritance law is a complex field where family relationships, economic values, and legal technicalities are intertwined.
Issues such as reserved shares, wills, concealment of assets, reduction of inheritance shares, and disinheritance are shaped by Supreme Court decisions and require a professional legal process.

With the right legal strategies, heirs can avoid losing their rights and family conflicts can be minimized.