Statutory Heirs and Statutory Shares

The first order is the testator's descendants (TMK art.495): children, grandchildren, great-grandchildren. The second order is the testator's parents and their descendants (TMK art.496): siblings, nieces and nephews. The third order is the testator's grandparents and their descendants (TMK art.497): uncles and aunts and their children.

Within an order, the principle of representation (halefiyet) applies: the share of an heir who predeceased the testator passes to that heir's descendants. For example, the share of a child who predeceased the testator passes in equal proportions to that child's children (the testator's grandchildren).

Under TMK m.499, the spouse takes one-quarter with descendants, one-half with parents and their descendants, and three-quarters with grandparents and their children. The last category does not extend to all descendants of grandparents where a spouse survives.

With a surviving spouse, third-order co-heirs are limited to grandparents and their children; cousins do not inherit alongside the spouse. If those relatives are also absent, the spouse takes the entire estate (TMK m.497/5,499/3). Matrimonial-property liquidation is calculated separately; whether a participation claim exists depends on the regime and assets.

The adopted child and his or her descendants inherit from the adoptive parent as if blood relatives, and the adopted child's status as heir in his or her own family continues (TMK art.500/1); the adoptive parent and his or her relatives, however, do not inherit from the adopted child (TMK art.500/2). A child born outside marriage inherits to the extent that parentage is established; parentage on the mother's side arises by birth, and on the father's side by marriage, acknowledgment or court order.

The State inherits where the deceased leaves no heir (TMK m.501). Absence of statutory relatives or a spouse does not complete the inquiry: valid appointments of heirs and other testamentary dispositions must also be considered.

In inheritance disputes, the first step is to clarify the status of the heirs, the scope of the estate and any dispositions on death. Civil-registry records, certificates of inheritance, land-registry records, bank correspondence, the records of the opening of a will and any transfers made by the deceased during their lifetime should be reviewed together.

The time limits and types of action for matters such as reduction, testator collusion, renunciation of inheritance, annulment of a will and inheritance waiver differ from one another. Correctly identifying the date of knowledge, the opening of the estate, the opening of the will and the date of any renunciation declaration prevents the loss of rights.

Because intra-family transactions are often conducted without written documents, bank receipts, the values reflected in the deed, the testator's economic needs, witness accounts and patterns of actual use are particularly important. The earlier the evidence is prepared, the more soundly the legal framework of the dispute can be established.