The inheritors can share the inheritance as they wish by making a contract between each other in Turkey. This is called the partition of inheritance agreement. This agreement must be made in writing with the participation of all heirs. The inheritors can request the cancellation and registration of the deed based on the contract for the partition of the inheritance agreement. This agreement can be made through a notary, but this is not mandatory. The contract can be prepared by a notary or by the notarization of a contract prepared by the parties.
All assets from the inheritance to the inheritors are included in the agreement for the partition of the inheritance.
The heirs who can share the inheritance can be legal heirs as well as appointed legatees.
The heirs will be able to make the contract as they wish unless there is a different arrangement is made by the inheritor.
The inheritance partnership of community of heirs ends with the signing of the partition of inheritance agreement.
It is also possible for the partition of the heritage to be fulfilled by a court decision.
Partition of the heritage is subject to certain rules. The basis for the partition of the heritance is the equality of all heirs.
The partition is made unanimously since the approval and participation of all heirs are required for the partition of the inheritance.
One of the rules regarding the partition of the inheritance is the obligation of the heirs to inform each other about their assets.
Heirs can always request that the heritage to be shared. A rule to the contrary may exist exceptionally. For example the heirs cannot share the inheritance if they have previously agreed to ensure the continuity of the inheritance partnership.
Sometimes it may be necessary to continue the inheritance partnership as per the rule of the law.
The inheritor may have introduced some rules on how to share the inheritance by making a will or an inheritance contract with the heirs before he/she died. The inheritor cannot touch the rights of the inheritors with the reserved portions while making arrangements regarding the sharing of the inheritance with the will to be prepared. The heir whose right is damaged will have to file an action for reduction if there is an heir whose reserved portion is damaged in this way.
Antalya Lawyer and Antalya Barrister Baris Erkan Celebi and his Antalya Law Firm offer legal services in all disputes on partition of inheritance in Turkish law.
