The Surviving Spouse's True Inheritance Rights

Inheritance law is often linked to, or even intertwined with, family law. However, there is an unknown and untapped right in inheritance distribution. This right is actually in favor of the surviving spouse and disadvantageous to the other heirs. It is advisable to consult a lawyer to exercise this right. In this article, we will discuss this right in broad strokes.

INTRODUCTION TO INHERITANCE LAW:

Inheritance law, as we all know, arises upon the death of a person or persons with whom we have family ties. The Turkish Civil Code and related legislation have mandatory rules regarding the exercise of this death-related right. For example, inheritance shares, the group system, etc. Inheritance law stipulates that the surviving spouse receives 1/4 of the inheritance if inheriting with first-degree heirs, half if inheriting with the deceased's parents and their descendants, 3/4 if inheriting with the deceased's grandparents, and the entire inheritance if none of these exist. We will discuss the surviving spouse's rights in inheritance law and its connection to family law.

RELATIONSHIP WITH FAMILY LAW:

Family law is a branch of law dealing with engagement, marriage, divorce, and the liquidation of assets following a divorce. In some cases, it even denies the divorcing spouse any rights to the liquidation. With the new Turkish Civil Code of 2002, the property regime has become the regime of participation in acquired property. In short, this regime considers assets acquired during the marriage as acquired property and divides them equally between the spouses. However, inherited property is considered personal property and is not subject to liquidation during divorce. If you have disposed of personal property during the marriage, you may have a right to it, and this right is proportional to the participation rate.

THE CONNECTION BETWEEN INHERITANCE LAW AND FAMILY LAW:

Family law deals with the establishment and maintenance of a family, while inheritance law addresses the material and moral assets of that family upon death. You can renounce your inheritance, rejecting all active and passive assets, or perhaps, through a will, only receive your reserved share. In the midst of all this complexity, having lost your spouse, you naturally wouldn't think of wanting more property, but remember, this property is your right, and you no longer have your life partner who was always there to support you. You have to manage your life yourself, both emotionally and financially. Therefore, there is a right that many people are unaware of, regulated by the Turkish Civil Code (TMK) and encompassing family and inheritance law, which intersects with the surviving spouse's benefit.

RIGHTS OF THE SURVIVING SPOUSE:

The surviving spouse has a legal right, and many people are unaware of it. Sometimes, due to the exhaustion of a painful day, feelings of burnout, children, or chaos, this right is forgotten. This right stems from the legal property regime upon the dissolution of the marriage after your spouse's death. Depending on the specific circumstances, you are entitled to more than just 1/4 or 2/3 of the inheritance. You have both a right arising from the legal property regime and a right arising from inheritance law, but many people are unaware of this and do not claim their right from the legal property regime. Many are not even aware of this right. To exercise this right and claim it legally and morally, you can contact us.