How Inheritance Sharing is Conducted in Turkish Law

The sharing of inheritance is governed by the Turkish Civil Code (TCC), particularly in Articles 646-658, which outline the rules and procedures for distributing an estate among heirs. These provisions aim to ensure an equitable and legally sound division of the deceased’s assets while respecting both statutory inheritance rules and the testator's last wishes.

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1. General Principles of Inheritance Sharing (TCC Article 646):

1. Equity Among Heirs:
   • In principle, heirs are entitled to equal shares unless otherwise specified by the testator or under the law.
2. Freedom of Testamentary Disposition:
   • The testator may determine how the inheritance is divided, provided it does not infringe upon the statutory reserved shares of protected heirs.
3. Unanimity Requirement for Sharing:
   • If the inheritance is in joint ownership, all heirs must agree on the method of sharing. Disputes may require judicial intervention.

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2. Methods of Sharing Inheritance:

1. Partition by Agreement (TCC Article 649):
   • Heirs may mutually agree on how to divide the estate. This agreement can involve:
     • Allocation of specific assets to particular heirs.
     • Sale of assets and division of proceeds.
     • Transfer of shares between heirs.
2. Judicial Partition:
   • If heirs cannot agree, a court may step in to facilitate the division.
   • The court may order the sale of assets or appoint experts to assess values for equitable distribution.
3. Executor’s Role (If Appointed):
   • If the testator has designated an executor, the executor oversees the sharing process and ensures it aligns with the will and legal requirements.

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3. Allocation of Specific Assets (TCC Articles 650-653):

1. Formation of Shares:
   • The estate is divided into shares based on each heir’s entitlement. These shares are then allocated in kind (specific assets) or in value (monetary compensation).
2. Assignment of Specific Property:
   • Certain assets, such as family homes or businesses, may be assigned to individual heirs based on their needs or contributions, with adjustments made to the remaining shares.
3. Allocation of Special Items:
   • Items with personal, cultural, or sentimental value may be assigned to specific heirs, particularly if these items have family significance.

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4. Rules for Selling Assets (TCC Article 651):

1. Mandatory Sale for Indivisible Assets:
   • When assets, such as real estate or businesses, cannot be divided physically or equitably, they may be sold.
   • The proceeds from the sale are then distributed among the heirs according to their shares.
2. Heirs’ Right to Purchase:
   • Any heir has the right to purchase an asset to avoid a public sale, provided other heirs consent.

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5. Special Rules for Certain Assets:

1. Family Homes and Furnishings (TCC Article 652):
   • The surviving spouse may request the right of ownership or use of the family home and household items as part of their inheritance.
2. Farms and Agricultural Holdings (TCC Articles 659-668):
   • Farms are often treated as indivisible units to ensure operational continuity. They may be assigned to a single heir, with compensation paid to others.

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6. Steps in the Sharing Process:

1. Estate Inventory and Valuation:
   • The estate is inventoried and appraised to determine its value and composition.
2. Debt Settlement:
   • All outstanding debts of the deceased are settled before the distribution of assets.
3. Agreement or Court Order:
   • Heirs negotiate a distribution plan. If no agreement is reached, the court intervenes.
4. Execution of Sharing:
   • The estate is divided based on the agreement or court decision, and ownership of assets is transferred to the heirs.

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7. Challenges and Disputes in Sharing:

1. Conflict Among Heirs:
   • Disagreements over asset values or allocations may lead to prolonged legal disputes.
2. Protection of Reserved Shares:
   • If a testator’s distribution violates reserved shares, heirs can file for reduction (tenkis) to reclaim their legal entitlement.
3. Third-Party Claims:
   • Creditors of the deceased or heirs may assert claims, complicating the sharing process.

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8. Practical Tips for Smooth Sharing:

1. Clear Testamentary Instructions:
   • A detailed will or inheritance contract can minimize disputes.
2. Professional Mediation:
   • Involving mediators or legal experts can facilitate consensus among heirs.
3. Judicial Support:
   • When agreements cannot be reached, timely recourse to the courts ensures fairness and compliance with the law.

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Inheritance sharing requires careful planning and adherence to legal procedures to ensure a fair and efficient distribution of the estate. Professional guidance is essential to navigate complex situations and safeguard the rights of all parties involved.