Inheritance Sharing Case
The inheritance division case is carried out in accordance with Articles 495-501 of our Civil Code. The heirs and inheritance shares are determined as follows:
Descendants: The first degree heirs of the heir are his/her descendants. Children are heirs equally. Children who died before the heir are replaced by their descendants through succession in each degree.
Mother and father: The heirs of the heir who has no descendants are his mother and father. They are heirs equally. The places of the parents who died before the heir are taken by their descendants through succession at every degree. If there are no heirs on one side, the whole inheritance shall go to the heirs on the other side.
Grandparents: The heirs of the heir who has no descendants, parents and their descendants are the grandparents. They are heirs equally. Grandparents who died before the heir are replaced by their descendants through succession at every degree. If one of the maternal or paternal grandparents died before the heir without any descendants, his/her share shall go to the heirs on the same side. If both of the maternal or paternal grandparents died before the heir without any descendants, the whole inheritance shall go to the heirs on the other side. İf there is a surviving spouse, if one of the grandparents died before the heir, his/her share shall pass to his/her child; if he/she has no child, his/her share shall pass to the grandparents on that side; if both of the grandparents on one side died, their shares shall pass to the other side.
To put it more simply:
SHARE OF CHILDREN AND GRANDCHILDREN IN INHERITANCE
Children and children of deceased children, i.e. grandchildren, are the first degree heirs. If there are children and grandchildren, other relatives other than the surviving spouse, including the mother and father, cannot be heirs. Children have equal shares in inheritance. The share of the deceased child is divided among his/her children.
For example, Mr Memati died, leaving behind three children, two grandchildren from a previously deceased child, his parents, siblings and nephews. Since Mr Memati has children and grandchildren, his mother, father, siblings and nephews cannot be heirs. The inheritance is divided equally among his four children, one of whom died before, and the share of the child who died before is divided equally among his children, i.e. the grandchildren.
MOTHER AND FATHER’S SHARE IN INHERITANCE
In order for the mother and father to be heirs, the deceased person must not have any descendants, i.e. children and grandchildren. If the deceased person has no children and grandchildren, the mother and father inherit. If there is no mother and father, siblings, if there are no siblings, sibling children, nephews and nieces and nephew children, i.e. sibling grandchildren, become heirs. The heirs have equal shares.
For example, Mr Memati died and left behind his mother, father, siblings and nephews. Since Mr Memati has a mother and a father, all inheritance is left equally to the mother and father, siblings and nephews cannot be heirs. If there was only one of the parents, the share that would have fallen to the other would have been divided equally among the children, i.e. the siblings of the heir.
SIBLING AND NEPHEW SHARE IN INHERITANCE
The deceased person’s children, grandchildren, siblings if he/she does not have parents, and nephews and nieces if he/she does not have siblings are heirs in equal proportions.
GRANDPARENTS’ SHARE IN INHERITANCE
If the deceased person has no children, grandchildren, parents, siblings or even nephews and nieces, the inheritance passes to the grandparents, and if they are absent, it passes to their children, i.e. cousins.
THE SHARE OF UNCLES, AUNTS, AUNTS, AUNTS AND THEIR CHILDREN, I.E. COUSINS IN THE INHERITANCE
The deceased’s children, grandchildren, parents, siblings, nieces, nephews, uncles, aunts and uncles if there are no grandparents, and if there are no grandparents, their children, i.e. cousins, inherit equally.
INHERITANCE SHARE OF UNMARRIED CHILD
Children born out of wedlock and whose paternity has been established by recognition or a judge’s judgement are heirs in the same way as married relatives in terms of the father. In terms of the mother, there is no difference between the children born out of marriage and other children in terms of inheritance.
SURVIVING SPOUSE’S SHARE OF INHERITANCE
The surviving spouse shall inherit the inheritance from the heir according to the clan with which he/she is present, in the following proportions:
If she inherits together with the heirs of the heir, one fourth of the inheritance,
If the heir inherits together with the heir’s parents, half of the inheritance,
Three quarters of the inheritance if the heir inherits together with the heir’s grandparents and their children,
If these are not available, the entire inheritance goes to the spouse.
For example, Mr Hasan died and left behind his wife, uncle and aunt child. Three quarters of the inheritance will be left to his wife, and the remaining one quarter will be shared equally between his uncle and aunt.
INHERITANCE SHARE OF THE ADOPTED CHILD
The adoptee and his/her descendants inherit from the adopter as blood relatives. Heirship of the adoptee in his/her own family also continues. The adopter and his/her relatives are not heirs to the adoptee.
You can access our other article examples and petition examples by clicking here.