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Inheritance law

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Old 14-11-2008, 02:54   #1
Konuk

 
Varsayılan Inheritance law

My Mother and Step-father (both British) moved to Turkey some years ago. I believe they both had Turkish residency and jointly owned a property and my mother solely a car. Sadly my Mother passed away near on three years ago, in Turkey. My step-father is dragging his heals and saying that he can offer me (and my brother) 3/4 of 50% of Mum's estate(he gets 50% and a 1/4 of the other 50%). Even then he has no way of giving us a cash settlement and can only offer to have our names on the deeds, until HE decides to sell or he dies. If this is not acceptable we must pay to go through the Turkish Courts who don't look too kindly on such things and would cost a fortune. Is this correct or are we being told untruths? Mum did not leave a turkish will but did leave one in the UK. However, the UK Will (I am executor) although clearly states that all assets are to be equally split between me and my brother it should only refer to those in the UK! My step father has 3 children, my Mother 2 but they didn't have any together. Many Thanks
Old 17-11-2008, 08:32   #2
selcukargun

 
Varsayılan

Hi,

Turkish law says that Turkish Law will be applied to the conflicts between the heirs, if the conflict is based on real estates that are in Turkey.
According to Turkish Civil Code your step father will get 1/4 of your mother's %50. So you and your brother can get 3/4 of %50 posession of the real estate.
but if your mother's will does not especially exclude the properties in Turkey, than British law will be in force and your mothers will be valid.
Old 17-11-2008, 23:36   #3
Konuk

 
Varsayılan

Thank you so much for that and so quick too.

Are you saying that if Mum didn't specify "not to include house or car" in her British Will even though she said "just UK Assets" the Turkish Court would take that her 50% gets split equally between me and my brother? I don't think that is what she meant but interesting!

Another question is approximately how much would it cost to take it through the Turkey Courts? Have they the power to inforce the sale of Assets, even though one party is in a position to buy the other parties out?

Many thanks for your assistance.
Old 19-11-2008, 11:54   #4
Tiocfaidh

 
Varsayılan

Mr. Selcuk Argun seems to have explained almost everything needed in response to the questions in your first message, however there is something I'd like to add in order to contribute as starting from the beginning.

There's a point that must be first clarified regarding whether Turkish law will be executed on this issue or not. Ordinarily, the national law rules of a deceased person gets executed on his/her inheritance even if/she passes away in Turkey. However, the inheritance transactions and claims concerning an immovable/real estate in Turkey are excluded of this rule contradistinctly ordering that Turkish law rules shall be used.

It can agreeably be reckoned that Turkish civil code's provisions will be executed on your issue in terms of the short explanation above.

Regarding Turkish inheritance law, you should first know that the spouse of a deceased person -really- acquires a quarter(1/4) of the total assets left from him/her whilst the rest assets get equally shared by the children(unless the otherwise specified by the deceased person with a will or testament before he/she died). What your step father told you is, consequently, true in respect of the Turkish Civil Code's related provisions.

The second point which is necessary in this issue is the enforceability of the will that your mother left in the UK. Turkish civil code permits wills or testaments left in a foreign language to be enforced in Turkish courts and bailiff's offices provided that it's translated by a sworn interpreter. However, you can not exclude your step-father from this property due to 'reserved portion' institute specified in Turkish civil code even if you can get the will executed in Turkey. The whole inheritance portion of your step father is reserved as it's ordered in Turkish Civil Code unless he committed something to be exheredated by your mother(such as killing or attempting to kill her).

I made some explanations regarding 'reserved portion' institute in Turkish and Continental- European law systems under other topics concerning inheritance questions. You can take a look at those topics to know better what it's meant to be, and ask again here if there's still something needed to get clarified in your mind.

I hope this helps.

King regards
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