Family and Inheritance
Family and inheritance matters carry both legal and personal weight. Time limits are short and the burden of proof is decisive; solutions are sought through settlement as much as through litigation.
What we handle
- Maintenance claims and their adjustment
- Disclaimer of inheritance and deemed disclaimer
- Setting aside sham transfers by the deceased
- Reduction claims and annulment of wills
- Estate co-ownership and partition
- Representation of heirs living abroad
How it works
- 01AssessmentReview of civil registry, land and estate records; time limits.
- 02SettlementNegotiation and mediation among heirs.
- 03LitigationCivil court of peace, civil court of first instance and family court.
- 04ExecutionRegistration, sale and distribution.
Related appellate rulings
- Family and inheritance · Yargıtay 2. Hukuk Dairesi
How is post-divorce maintenance calculated?
Maintenance is set by reference to the parties’ social and economic circumstances, the nature of maintenance, current economic conditions and equity. An amount found too low against these criteria led to reversal.
- Family and inheritance · Yargıtay Hukuk Genel Kurulu
Can a sham sale of land to one heir be set aside?
To set aside a transfer as a sham, it must be shown that the deceased’s real aim was to deprive the other heirs. Without that aim, the 1974 unifying decision does not apply.
- Family and inheritance · Ankara BAM 26. Hukuk Dairesi
Can a person claim maintenance from a sibling?
Siblings owe no general duty of support. Under Art. 364 of the Civil Code, a sibling may claim maintenance only by proving that they would fall into need without help and that the other sibling is prosperous.
- Family and inheritance · Yargıtay 7. Hukuk Dairesi
How long is the period for disclaiming an inheritance?
An inheritance may be disclaimed within three months, running for statutory heirs from when they learned of the death and for appointed heirs from official notice of the will. The declaration is made to the civil court of peace.
- Family and inheritance · Yargıtay 7. Hukuk Dairesi
How can heirs avoid the deceased’s debts?
If the deceased’s debts exceeded the assets at death, the inheritance is deemed disclaimed. Courts must establish assets and liabilities by enquiring with banks, land, vehicle and tax registries; a certificate of insolvency is conclusive.
- Family and inheritance · Yargıtay 7. Hukuk Dairesi
Can an heir’s creditors set aside a disclaimer?
Where an insolvent heir disclaims to defeat creditors, the creditors may sue to set the disclaimer aside. The six-month time limit runs from registration of the disclaimer in the special register.
Let us review your matter
In the first meeting we go through your documents, time limits and options together.