- What are the rights of inheritance? Who can be an heir/heiress?
Everyone has the right to own and inherit property according to Turkish Constitution Article 35. The estate of the deceased includes both movable and immovable property, rights and obligations. An heir has the right to claim this estate after the death of the deceased. Only the real person can be an heir. According to the Turkish Civil Code, legal capacity is enough to be an heir. Article 580 of C.C. states that the heir must be alive while the death of the deceased.
- What is the definition of “foreigner” according to Turkish Law?
Firstly, citizenship means that the legal and political connection between citizen and state. This connection gives some responsibilities to both sides. Article 66 of the Turkish Constitution states that a person bound to the Turkish State with the bound of citizenship is Turk. On the other hand, according to article 3/1-d of the Turkish Citizenship Code, if a person does not have this bond he or she is defined as a foreigner.
In light of these explanations, foreigners’ right to inheritance according to Turkish Law should be examined through the legislation. As a rule, inheritance is subjected to the deceased’s national law according to International Private Law and Procedural Law Code article 20. Real estate situated in Turkey is an exception to that rule because Turkish Law would be applied to them. If the deceased is Turk, Turkish Law would be applied without making separation of the estate immovable or movable. If the deceased is also a foreigner, his/her national law would be applied except the real estate.
The limitation on the inheritance right of the foreigner is discussed in the doctrine. This right is a constitutional right and there is any statement about the difference between Turk and foreigners in the Turkish Constitution. The only different point is stated in the Land Registry Code about the acquisition of real estate with inheritance. Thus, the limitation is related to acquisition not to right.[1] According to article 35 of the code, reciprocity is one of the conditions for this acquisition. If a Turk is able to acquisition of real estate with inheritance in another state, the foreigner who is a citizen of that state can be able to have this in Turkey. Another condition is that there should not be other limitations on inheritance rights and acquisition with inheritance on other codes.
As a result, foreigners have the right to inherit in Turkey. They cannot face obstacles just because of being a foreigner. Only the real estate will be subject to Turkish Law, so other issues will be settled according to the deceased’s national law. The reasons for opening the succession, acquisition and partition of succession will be settled according to state law where the estate is. Finally, according to International Private Law and Procedural Law Code article 43, the litigation will be held in the deceased’s last settlement in Turkey. If the place is not in Turkey, the court will be competent where the estate is.
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