Sharing Of Inheritance
How the inheritance will be divided is freely decided by the heirs. The rules set by the heir on how the division will be made and how the shares will be formed are binding for the heirs. Sharing agreement to be made between them or the creation and actual taking of the shares bind the heirs.
The partition agreement is subject to written form, otherwise it is not valid. The heirs have equal rights over all the property of the estate. Each of the heirs may request that the debts of the estate be paid before the division.
Shares are formed by the heirs according to the number of heirs. In case of disagreement, the shares are determined by the court of peace upon the request of one of the heirs. The allocation of the shares, i.e. the allocation of the shares to the heirs, is also by the agreement of the heirs, and in case of disagreement, lots are drawn. The main thing is that the division is made in kind, if this is not possible, the division will be made through sale.
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In the event that the heirs cannot reach a common decision or cannot agree on the division of the inheritance, the heirs may also request the division of the inheritance from the court. Each heir may request the court of peace to decide on the distribution of certain assets in the inheritance in kind or, if this is not possible, through sale. Upon the request of one of the heirs, the judge, taking into account the entire estate and each of the properties in the estate, shall make the division by giving each of the immovable properties to an heir, if possible. The difference between the values of the immovable properties given to the heirs shall be compensated by the payment of money and equalisation shall be ensured between the inheritance shares.
A creditor who has taken over or sequestrated the share of an heir in an opened inheritance or who has a certificate of insolvency against the heir may also request the appointment of a trustee to participate in the distribution instead of this heir.
Inheritance lawsuits have a wide variety of types, and in general, the types of lawsuits on this subject can be listed as follows; inheritance partnership and sharing of inheritance, deed cancellation and registration lawsuit based on muris collusion, equalisation lawsuit, equalisation lawsuit, formal cancellation of the will, annulment of the inheritance contract, request for cancellation of the inheritance sharing agreement. Pursuant to Article 624 of the TCC, the inheritance partnership may be terminated at any time as a result of the request for the division of the inheritance, unless the heirs are obliged to maintain this partnership under the law or a contractual obligation.
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