What is Legal Heirship?
There are two types of heirship in the distribution of inheritance property: “legal heir” and “designated heir.”
Legal heirship is a status in inheritance law that is not dependent on the will of the testator and arises directly from the law upon the testator’s death. Legal heirship is regulated in Articles 495-501 of the Civil Code. Accordingly, legal heirs are the testator’s blood relatives, adopted children, descendants, and surviving spouse (Articles 495-501 of the Civil Code).
A designated heir is a person who becomes an heir when the testator, of their own free will, leaves a portion or all of their inheritance to a specific person.
The division of property upon the death of a testator raises complex legal issues, particularly due to the numerous cases of property theft from inheritance that have emerged in recent years.
PETITION REQUESTING FOR THE ISSUANCE OF A CERTIFICATE OF INHERITANCE
TO THE CIVIL COURT OF PEACE OF …….…
APPLICANT: …………………..
TR IDENTITY NUMBER: ……………….
ADDRESS: ………………..
ATTORNEY: …………………
(Legal representatives of the parties, if any)
ADDRESS: …………………………
(Legal representatives of the parties, if any)
SUBJECT: This includes our request for the issuance of a certificate of inheritance.
EXPLANATIONS
1-) Our client’s father/mother died on …/…/… (ANNEX 1), leaving behind his wife …, daughter …, son … (ANNEX 2), and his daughter from his first marriage, who is not a Turkish citizen and lives abroad with her mother/father (ANNEX 3).
2-) Our client’s application to the Notary Public of …… on …/…/… to obtain a certificate of inheritance was rejected on the grounds that the deceased’s foreign daughter is a foreign national, the civil registry records are unclear regarding this heir, and the certificate of inheritance cannot be issued by notaries in this case (Annex 4).
3-) It is necessary to apply to your court to determine the deceased’s heirs and their shares and to ensure that this is documented in a certificate of inheritance.
LEGAL REASONS: Articles 598, 6100, and 71/B of the Regulation on the Procedures and Principles for the Issuance of Certificates of Inheritance and the Invitation of the Abandoning Spouse to the Shared Residence by Notaries. 5
LEGAL EVIDENCE: Copy of death certificate and burial permit, Population records, ID document of …. citizenship, rejection letter issued by the Notary Public of … …
RESULT AND REQUEST: For the reasons explained above, we hereby request and request, on behalf of our client, that a certificate of inheritance be issued showing the heirs and shares of the deceased … …………/…/…./…/…
ANNEXES: 1– Copy of death certificate and burial permit dated …/…/…
2- Population records
3- ID document of …. citizenship
4- Rejection letter issued by the Notary Public of … …
5- One certified copy of the power of attorney.