Mesajı Okuyun
Old 17-02-2007, 23:13   #10
Tiocfaidh

 
Varsayılan

Hello,

Alıntı:
Hallo there, I have read this thread with interest, but am still unclear about the "reserved portion" and whether or not making a will can change it.

It's natural that a British citizen finds this term unfamiliar since it's a continental-European originated one on the contrary of anglosaxon/commonwealth law rules. "Reserved portion" term simply represents the part of the estate(left from the dead person to his/her closest inheritors) that can be neither changed, nor revoked by the dead person.

Alıntı:

I am I think correct in saying if my husband should die, I would share his assets 50/50 with his parents?

Right, you will have the 50% of total assets of your husband and the rest 50% will be shared by his parents.

Alıntı:

Where I am unclear is what happens if his parents died, THEN he died - does the law say that I must as his wife share the estate 50/50 with his brothers & sisters?

You presume that his parents will die after your husnband passes away, as well as I understood. In this presumption, you'll have the 50% of your husband's assets and the rest 50% will be shared by the alive descents of your husband's parents(your husband's siblings[nephews and nieces if the siblings are already dead as well]).

Alıntı:

Or does it say that in that case his brothers and sisters get nothing, but I must share it 75/25 with his grandparents? And if they too are dead, then I keep the whole estate?

You seem to presume that your husband's parents died before your husband passed away, right? Your husband's grandparents can get nothing as long as his dead parents have alive descent inheritors(ex:your husband's siblings, nephews or nieces). The inheriance right gets transferred to your husband's granparents only if there's left no descents of your husband's parents. And in this possibility, you'll be able to have the whole estate if his grandparents died as well.

Alıntı:

In any case, can any of this be changed by his writing a will?

These percentages may be changed by your husband by leaving a valid will. But, he can not go further(for the inheritors who have reserved rights) than a legal ratio which is specified in Turkish civil code. You are(as his wife) one of these inheritors whose rights are specially protected and reserved in the code. If we presume that you'll be the inheritor of your husband with his parents(as I simply calculated above), the %50 of your inheritance right(%50%) will be protected and your husband won't be able to go further than this to revoke your portion.

I hope to have enlightened you a bit.

King regards