Konu
:
inheritance law - reserved portion
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18-06-2012, 17:28
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Av.Kadir ORUÇ
inheritance law-reserved portion
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Konuk
Hello!
Could anyone please inform me about which family members have rights to "reserved portion" according to turkish inheritance law ? Is it only children, spouse, parents and siblings or can be and someone else ? Can it be a cousin ?
The case : unmarried woman with no children passes away abroad (she had turkish AND foreign citizenship). She owned a real property (house)in Turkey.She was an only child (had no siblings at all) and her parents had passed away before her. Her closer relatives are 4 cousins of her children of her parents ' s siblings)
She had a will made abroad accordind to which her only beneficiary is a woman friend of hers. This will is already legally recognised as valid by Turkish Court.But it is not clear to me if this beneficiary is now the only owner of the inheritance (house)or there is a "reserved portion" for her cousins. Please help me!
Dear Konuk,
I hope you find your answer in the 506 th article of the Turkish Civil Code;
ARTICLE 506 : II. Reserved portion
Reserved portion is made up of the following proportions;
1. Half of the legal purparty for descendants,
2. One fourth of the legal purparty for each one of mother and father,
3. (REPEALED PARAGRAPH Official Gazette: May 10,2007 Official Gazette No: 26518 Act No: 5650/2)
4. For surviving spouse, the whole of the legal purparty in case he or she has been heir together with the category of descendants or category of mother and father, three fourths of the legal purparty in other cases.”
Sincerely.
Av.Kadir ORUÇ
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