Common Mistakes in Inheritance Sharing and Their Legal Consequences


 

Common Mistakes in Inheritance Sharing and Their Legal Consequences (2025 Guide)

Inheritance refers to the distribution of the deceased’s assets among legal heirs. In Turkey, many inheritance cases turn into disputes due to lack of legal knowledge or procedural mistakes. In this article, Üner Law Office – Alanya Lawyer explains the most frequent mistakes made during inheritance sharing and their legal implications as of 2025.

Who are the legal heirs?

According to the Turkish Civil Code, heirs are determined by law:

  • Descendants (children, grandchildren)

  • Parents and their descendants

  • Grandparents and their descendants

  • Spouse (always a legal heir)

  • The State (if no heirs exist)

Is it okay to distribute inheritance without a court?

Heirs often prefer to “settle among themselves”. But without an official certificate of inheritance, any distribution is legally invalid. This document is obtained from a notary or court.

Common mistakes in inheritance cases:

  1. Sharing property without title transfer

  2. One heir acting without others’ consent

  3. Disregarding valid wills

  4. Ignoring reserved shares of forced heirs

  5. Missing the 3-month deadline for inheritance rejection

What if there's a will?

A valid will can override the default inheritance shares. However, forced heirs (like children) are always entitled to their legal minimum share.

Can I refuse an inheritance?

Yes. If the inheritance includes debt, heirs may legally reject it within 3 months of the death by applying to the civil court.

What if there is a dispute?

First, mediation is encouraged. If that fails, a partition lawsuit (izale-i şuyu) may be filed to end the co-ownership.

Why legal assistance is crucial

A mistake in inheritance law can cause irreversible loss or family tension.
Üner Law Office – Alanya Lawyer provides legal consultation on inheritance planning, wills, rejection of inheritance, and distribution cases.

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