Certificate of Inheritance in Türkiye (Declaration of Inheritance):
An important tool in inheritance rights in Turkish law
Inheritance refers to the legal concept related to the distribution of assets left by a person in case of death, legally or non-inheritally. However, the process of distributing an inheritance can involve uncertainties and complexities. At this point, the inheritance exclusivity certificate or commonly known as “inheritance decision” appears as an important tool in inheritance law.
What is the inheritance certificate in Turkish law?
Inheritance document is a document that allows to officially determine the heirs and inheritance rate in case of death. In other words, the inheritance decree is a document in which the heirs of the deceased person are legally determined and their share of the inheritance is determined. This document is very important in terms of inheritance transfer and protection of inheritance rights.
What is the definition of a will in Türkiye?
A will is a document that determines the distribution of people’s property after death. In this article, we examine the will in Turkish law and the implementation of the will.
A will in Türkiye is prepared based on the individual’s preferences and wishes. This document provides guidance on how to divide a person’s inheritance after their death. The authority and freedom granted to the testator varies depending on her personal and financial situation.
Turkish law protects individuals from the free disposition of their assets that is valid after death by granting a reserved share to legal heirs with its provisions on the protection of the inheritance rights of close relatives and legal succession. Turkish law protects individuals from the free disposition of their assets that is valid after death by granting a reserved share to legal heirs with its provisions on the protection of the inheritance rights of close relatives and legal succession. Stock ratios other than stock ratios are given arrangements.
The importance of a will in Türkiye
Making a will is important at every stage of a person’s life. First, if a person wants to divide her property and other assets based on her preferences, she should state this wish in the will. In addition, a will removes ambiguities and avoids possible disputes between family members. Turkish inheritance law determines how a person’s assets are distributed after death, but a will personalizes the process and reflects the individual’s wishes.
According to Turkish law, who can make a will?
In order to make a will, you must have the power of discernment and be over fifteen years old. The meaning of discernment is to be wise and distinguish between right and wrong in one’s actions and deeds.
Types of wills in Türkiye
A will in Turkey can be made in an official form, the details of which are determined by the law, or verbally or in the testator’s handwriting.
How to prepare a will in Türkiye?
There are some basic steps to follow when drafting a will. The first step is for the testator to assess her estate and other assets. In the next step, a specific plan should be prepared for how to distribute the identified assets. A person preparing a will can get professional support from a lawyer or notary public. These professionals help ensure that the will meets legal requirements and is valid.
Update the will in Türkiye
The will should be adjusted according to the changes in the person’s life. Circumstances such as marriage, divorce, having children or major changes in assets may require revising the will. Therefore, it is necessary to periodically review the will and update it if necessary.
How to get an inheritance monopoly certificate in Türkiye?
To obtain a certificate of inheritance, if the heir is one of the heirs of the deceased, he usually goes to the Civil Peace Court. The court conducts the necessary investigations to determine the identity of the heirs and their inheritance relationships. As a result, the court makes a decision and based on this decision, a certificate of inheritance limitation (inheritance decision) is issued. After requesting the inheritance exclusivity certificate, notary offices perform the necessary examinations through the system and identify the testator and his heirs and issue an inheritance restriction certificate. Since this method is more practical than court practice, it is preferable in practice.
However, notaries cannot issue a certificate of exclusivity in cases where lineage or legal inheritance is known, there is a discrepancy in the records of the population or it is not clear, the applicant is a foreign will or certificate of exclusivity, and one of the heirs does not issue an exclusivity certificate. Absent or accepted In case of such a situation, the certificate of limitation of inheritance can only be requested from the civil courts of the peace. In case of requesting a certificate of inheritance limitation from the court, documents such as death certificate and copy of civil registry must be attached to the petition. In addition, if the death certificate is received from abroad, it must be translated and verified by the notary and the certificate must also be obtained and submitted to the court.
In some special cases, the inheritance monopoly certificate can be issued by the cadastral courts according to Article 25 of the cadastral law.
The importance and purpose of Turkish inheritance exclusivity certificate
The main purpose of a probate document is to clear up any confusion about how a person’s assets will be distributed after her death. This document is used to protect the rights of heirs and regulate the transfer of inheritance. In addition, the inheritance document performs the function of official documents regarding the transfer of inheritance and inheritance.
Basically, upon the death of the testator, the inheritance automatically goes to the heirs. However, the heirs must prove their status as heirs in order to use the assets left by the testator. Because for property acquisition transactions, the relevant institutions and organizations consider it mandatory to submit the certificate of inheritance. For this reason, the first thing that should be done after the death of the testator is to obtain a certificate of limitation of inheritance. This document is presented to the relevant institutions and organizations after receiving the monopoly of inheritance, and the assets left by the testator are transferred and distributed among the heirs listed in the monopoly certificate in proportion to their shares.
Contents of the Certificate of Inheritance Exclusivity
Inheritance document is a document that contains identity information, share of inheritance and other important details of deceased heirs. Since this document is an official document, it has legal validity and is used in the inheritance transfer process. The information contained in the inheritance document is important for determining inheritance and determining inheritance rights.
Who can get the (inheritance document)?
Anyone who thinks they are an heir can go to a notary public or a civil justice of the peace to issue a certificate of inheritance. The civil court of the peace and the notary public provide the applicant with an inheritance certificate that shows all the heirs and the share rate of the heirs in the application.
In addition, because after the death of the testator, he cannot continue the execution of orders and proceedings, any enforcement action that has started or will be started, must be directed to the heirs of the testator. Since it is necessary to identify the heirs in order to direct the executive procedures to the heirs, the inheritance limitation certificate is required. For this reason, the creditors of the deceased can make the necessary requests to direct the executive procedures to the heirs by obtaining a license from the relevant administration department according to Article 94 of the Civil Code.
Legal validity and use of inheritance monopoly certificate
Since the inheritance document is a legal document, it has legal validity. This document can be used to resolve disputes between heirs during inheritance transfer. In addition, in terms of distribution of inheritance and protection of inheritance rights, it is accepted by courts and other official institutions.
Result
A will in Turkey is an important document that determines how a person’s property and other assets will be distributed after death. Wills that reflect personal preferences and desires prevent disputes between family members and eliminate uncertainty. Therefore, it is important for everyone to make a will a part of their life.
In order to divide the assets left by the testator in Turkey after her death, an inheritance limitation certificate, also known as a limitation certificate, must be obtained. Anyone who thinks they are an heir can request a certificate of limitation of inheritance by visiting the notary offices or the civil court of the peace. If some of the heirs are not included in the inheritance restriction certificate, a suit for the annulment of this monopoly document and the issuance of the inheritance restriction certificate should be filed in the civil court of first instance according to the new situation. Therefore, the correct understanding and correct use of this document is important for all those involved in inheritance law.