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Property Inheritance - British Father Death

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Hi There,

I am trying to find out some information regarding the formal inheritance process in Turkey.

I am a British citizen, who's father died in 2018. He jointly owned a property in Turkey (but lived in the UK) with equal shares with my step-mother - both of their names are still on the Tapu as she has not dealt with this with the government. He had no will when he died.

My siblings and I are not interested in inheriting the property at all, but i wondered what the rules are. Do we by law have to inherit our share of the property or can we waiver our rights to this? Is inheritance automatic from the day my father died and are my siblings and I responsible for any outstanding payments on the property (not mortgage but management fees), or do we have to go through a formal process to gain a certificate of inheritance from the Turkish government? I would rather we had absolutely nothing to do with the property, we are happy for our step-mother to have the full share.

My step-mother is due to make a payment for outstanding management fees on the property, and I have been told by the company that as my father is dead, my siblings and I are also directly responsible for these costs - is this correct? They are threatening lawyer and court action (although she says she has paid and it is waiting to hit the management companies bank account) but I am wondering if this would just be against our step-mother as our names are not on any legal documents at all.

Any help or advise at all is much appreciated.

Many Thanks

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Hi , Turkish inheritance law applies to real estate in Turkey. Heritage of deceasd passed to his legal heirs if who dies without a will. A quarter of  the heritage will belong to his spouse. The rest share will belong to his childeren equally. However, transaction are not automatic. You must obtain a certificate of inharitance and apply to the Tapu Center for registeration. 

If you do not want the your share you must have a decision from the court that you refuge the inheritance. Or you may transfer the your share to your stepmother. 

For more detailed information, please do not hesitate to ask by sending e mail to [email protected]

Sabahattin Yılmaz ( Attorney at Law) 

+90 532 2776716

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Thanks, sorry what do you mean by 'But you can not to use the right before Transaction' 

The management company are saying the monies owed have not been received, and are threatening lawyer and court action. Is this even possible if they have no details of myself and siblings?

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Hi Crad26, 

Thanks for all parties who makes contribution to the discussion here which is definitely valuable. 

Let me explain you the situation as simple as I can, 

1)  As your father died in 2018, it is no longer possible for you to REJECT the inheritance, as 3 months rejection period is over since he passed away. It implies that, you are now regarded as the official heir of your late father under Turkish law. 

(There is only one exception rule to the 3 months rejection deadline, but that right could only be practiced when your father's assets is not financially enough cover his debts at the time he passed. However, it seems hard considering he owns a property here in Turkey) Anyway, 

2) 

1 hour ago, crad26 said:

The management company are saying the monies owed have not been received, and are threatening lawyer and court action. Is this even possible if they have no details of myself and siblings?

Legally speaking, yes, creditors have the right to claim debts (which comes from the deceased) against the heirs. However, that doesn't seem to be easy for management company claim due payments from the heirs for practical reasons, as they have to prove your heir status (through inheritance certificate and they can't collect without involving UK authorities unless your father is Turkish citizen) also they are in need to find some assets registered to you in Turkey (which you do not have as far as you have referred). 

3) I would recommend you to transfer your shares into the name of your step mother, even if you are not willing to claim any right out of that unit. Otherwise, your step mother would not be able to sell the properties to anyone if and when she wants to do so OR her family (heirs in future) would have nothing in their possession which allows them to sell/rent etc. 

Although it seems that following the legal procedures would serve mostly in the interest of your step mother,  it would help you and your siblings too. When you do the transfer to her name, then you are no longer responsible of property tax, condo fees etc. 

Any questions/queries, please feel free. 

Regards, 

   

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Thank you so much for your advice Eglegal.

So to clarify, technically speaking at the moment as my siblings and I do not have a certificate of inheritance from Turkish courts (and they don't even know we exist) and our names are not on the Title Deeds, technically we do not 'own' the property at this stage?

Is the process to transfer fully to our step-mother fairly easy and how quickly can this be done? Is this an expensive cost? I would like to start proceedings ASAP as I do not like being threatened with lawyers and court actions by the management company and it makes me very nervous, I do not want anything bad to go against my siblings and my names. My Step-mother has made the payment it just has not been received in the Turkish bank account for the management company yet. 

I know that we have left it very late to deal with this but it is very daunting dealing with proceedings in a country where you are not a resident. 

Thanks again

 

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14 minutes ago, crad26 said:

So to clarify, technically speaking at the moment as my siblings and I do not have a certificate of inheritance from Turkish courts (and they don't even know we exist) and our names are not on the Title Deeds, technically we do not 'own' the property at this stage?

Mostly correct. 

16 minutes ago, crad26 said:

Is the process to transfer fully to our step-mother fairly easy and how quickly can this be done? Is this an expensive cost? I would like to start proceedings ASAP as I do not like being threatened with lawyers and court actions by the management company and it makes me very nervous, I do not want anything bad to go against my siblings and my names. My Step-mother has made the payment it just has not been received in the Turkish bank account for the management company yet.

One of the heirs needs to file a case in Turkey to retrieve an inheritance certificate, where the court will investigate UK family records to fix the heirs succession rates. Based on the information, it could be estimated that 1/4 of the assets shall be owned by your step mother, while the rest 3/4 shall ne distributed equally among you and your siblings. 

Once the inheritance certificate has been issued by the court, then transfer of the shares (derived from the property) can be carried out with a follow up application to the Real Estate Authority. 

Regards, 

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