Inheritance law is the branch of law that regulates to whom, how and according to which rules the assets left behind by a person in the event of his/her death or being deemed legally absent (missing) will be transferred. It was established to ensure a fair distribution among the heirs, to prevent legal disputes that may arise regarding inheritance and to fulfill the last wishes of the heir (muris) within the legal framework.

Scope of Inheritance Law

Inheritance law has a wide range of regulations covering many different subjects:

• Legal and Appointed Heirs:

  • Legal heirs are legally designated relatives and spouse.
  • Appointed heirs are the persons designated by the heir by will or inheritance agreement.

• Inheritance Sharing:

  • Inheritance shares determined according to the law
  • Special dispositions made by will or inheritance contract.

• Refusal of Inheritance (Right to Refuse Inheritance):

  • Heirs can either accept an inheritance or reject an inheritance with debts or obligations.

• Equalization Case:

  • Heirs may revoke wills that violate their reserved shares.

• Inheritance (Transmission):

  • Property rights and obligations that pass to the heirs upon the death of the heir.

• Inheritance Partnership:

  • The heirs are considered as part of the inheritance partnership and act together until the inheritance is divided.

Importance of Inheritance Law

• Ensures the Fair Sharing of Assets: It ensures that the inheritance is distributed in accordance with the legal regulations.
• Prevents Disputes between Heirs: It ensures the resolution of disputes that may arise between heirs within the framework of legal regulations.
• Protects the Will of the Inheritor: Through wills and inheritance agreements, it ensures that a person's assets are divided in accordance with his or her wishes.
• Determines the Responsibility of Debts: It regulates the acceptance or rejection of the inheritance and the responsibility of the heir for debts.
• Linked to Family Law: Integrates inheritance law with other areas of civil law, taking into account the rights of family members.

Inheritance law is an important branch of law that prevents loss of rights among heirs and ensures legal security in society by determining how the assets of individuals will be distributed after death.