Common Disputes in Inheritance Distribution

Inheritance law is one of the most complex and dispute-prone branches of law, where emotional sensitivities within the family and significant financial material values intersect. The process of distributing the estate left behind by the deceased (decedent) fairly among statutory and appointed heirs often requires legal expertise.

As Akıl Law and Consultancy, under the leadership of Att. Muhammed Şahin in our Başakşehir-based office, we manage inheritance law processes meticulously with a transparent and solution-oriented approach. In this guide, we will examine the most common legal disputes in the distribution of inheritance and their legal solutions for our citizens seeking a Başakşehir inheritance attorney.

1. Obtaining a Certificate of Inheritance (Determination of Heirship)

The first and most fundamental step of the inheritance process is the official identification of the statutory heirs of the deceased and their respective shares. This is called a "Certificate of Inheritance" or "Determination of Heirship." Although in most cases it can be easily obtained from notaries, in cases where there is an error in the civil registry records, one of the heirs is located abroad, or foreign elements are involved (for example, if the decedent or an heir is a foreign national), notaries cannot issue this document. In the event of such blockages, the intervention of an expert Istanbul inheritance attorney is essential to resolve the process rapidly through the Civil Courts of Peace.

2. Violation of Reserved Portion and Action for Reduction (Tenkis)

The Turkish Civil Code imposes certain limits on the testator's (decedent's) right to dispose of his/her assets as he/she pleases. Close statutory heirs such as descendants (children, grandchildren), parents, and spouses have a portion that they must absolute inherit from the estate; this is referred to as the "Reserved Portion."

If the decedent, through a will prepared before his/her death or through lifetime donations, has violated the reserved portion of these statutory heirs, the aggrieved heirs can assert their legal rights by filing an Action for Reduction (Tenkis). Since reduction lawsuits require precise mathematical calculation and close monitoring of legal time limits (statute of limitations), receiving professional legal support is mandatory.

3. Dissipation of Assets to Defraud Heirs (Collusion of the Decedent - Muris Muvazaası)

One of the most frequently encountered disputes in Turkey, and particularly in regions of Istanbul where real estate values are high, is the dissipation of assets to defraud statutory heirs. A testator, often with the intent to favor sons over daughters or to protect a second spouse, may transfer a title deed (house, land, etc.) owned during their lifetime, presenting the transaction as a "sale" on the deed, whereas in reality, it was a donation (gift).

Upon detection of this fraudulent transaction (collusion), the statutory heirs deprived of their inheritance can file an Action for the Cancellation and Registration of Title Deed Due to Decedent's Collusion. There is no statute of limitations in these lawsuits, but the burden of proof is high. As a Başakşehir inheritance attorney, our law firm detects such collusive transactions to ensure our clients recover their usurped rights.

4. Action for the Dissolution of Partnership (İzale-i Şüyu)

This is a lawsuit filed when immovable properties left as inheritance, such as a house, land, or shop, cannot be physically partitioned among the heirs, or when the heirs cannot agree on selling the property and dividing the proceeds. As a result of the action for the dissolution of partnership, the property in question is sold through court channels (usually by public auction), and the proceeds obtained are distributed in proportion to the shares of the heirs. Akıl Law Başakşehir diligently monitors this process to ensure that the heirs recover their rights with minimum financial loss and in the fastest possible manner.

5. Rejection of Inheritance (Disclaimer of Estate - Reddi Miras)

An inheritance does not solely consist of assets (actives); the debts (passives) of the deceased are also transferred to the heirs. If the debts of the deceased exceed the assets left behind, it is of vital importance for the statutory heirs to file an action for the rejection of inheritance (disclaimer of estate) within 3 months from the date of death. If this deadline is missed, the heirs will be held personally liable for the debts of the deceased with their own personal assets.

Why Akıl Law and Consultancy?

Inheritance disputes are generally exhausting processes that last for years and can damage intra-family relationships. As Att. Muhammed Şahin and the Akıl Law and Consultancy team, we primarily try mediation and reconciliation methods between parties in our Başakşehir location; in cases where reconciliation is not possible, we defend our client's legal rights in court in the most assertive and professional manner. Unlike similarly named firms that have specialized in other areas and might appear on digital platforms, we provide transparent and honest service focusing directly on Inheritance, Family, and Commercial Law.

If you believe your share of the inheritance has not been fairly distributed, or if you require legal consultation on inheritance law, you can contact our office to have your case evaluated in detail.

Frequently Asked Questions (FAQ)

1. Which court hears inheritance lawsuits in Başakşehir?

As a general rule, the opening of succession and inheritance lawsuits are heard in the courts of the last domicile of the deceased. If the deceased was last residing in Başakşehir, the competent courts are the Bakırköy or Küçükçekmece Courthouses (Civil Courts of Peace or Civil Courts of First Instance depending on the type of lawsuit).

2. How are attorney's fees determined in inheritance lawsuits?

Attorney's fees are determined by mutual agreement based on the complexity of the case, the length of the process, and the value of the inherited estate (generally as a percentage), provided that they are not below the Minimum Attorneys' Fee Tariff established annually by the Union of Turkish Bar Associations.

3. My sibling deceived my father and transferred the title of the house to himself/herself, what should I do?

This situation is a typical example of "Decedent's Collusion" (dissipation of inheritance assets). You must apply to an inheritance attorney without delay after the death and file a lawsuit for title deed cancellation and registration due to collusion. As a result of this lawsuit, the fraudulent transfer of the deed will be cancelled, and your statutory inheritance share will be restored to you.

4. How can I contact your Akıl Law Başakşehir office?

For the review of your inheritance law case, you can request an appointment by reaching Att. Muhammed Şahin and our team through the information on our Contact page or directly via our office phone numbers.