What Percentage of the Inheritance Does a Woman Get?
Inheritance sharing is a legal process that determines how the assets left behind by a deceased person will be shared. According to the Turkish Civil Code, the rights of women (such as spouses and daughters) are subject to certain rules in inheritance sharing. In this article, we will examine how much share women receive in inheritance and the points that should be taken into consideration in this process.
1. Who are the Heirs?
The share that women will receive in inheritance sharing varies depending on who the legal heirs are. Legal heirs can be listed as follows:
Spouse (Woman): The spouse (woman) of the deceased is legally accepted as the heir.
Daughters: The daughters of the deceased are also heirs.
Other Relatives: If the deceased has no children, other relatives (mother, father, sibling, etc.) come into play.
2. Spouse’s Inheritance Share
If the deceased’s spouse (female) is alive, the spouse’s inheritance share is determined according to the Turkish Civil Code:
Spouse’s Right: Receives half of the inheritance, if there are children, the remaining inheritance is shared equally among the children.
Example:
If the total inheritance is 100,000 TL:
Spouse’s share: 100,000 TL / 2 = 50,000 TL
Remaining inheritance: 100,000 TL – 50,000 TL = 50,000 TL
If there are 2 children, each child’s share: 50,000 TL / 2 = 25,000 TL
In this case, the spouse receives 50,000 TL and each child receives 25,000 TL.
3. Daughters’ Inheritance Share
If the deceased has children, the share of the inheritance to be received by women (daughters) is also legally determined:
Daughters’ Share: Daughters receive an equal share of the inheritance as sons.
Example:
If the father dies and there are 2 daughters and his wife (mother):
Total inheritance: 100,000 TL
Spouse’s share: 100,000 TL / 4 = 25,000 TL
Remaining inheritance: 100,000 TL – 25,000 TL = 75,000 TL
Each daughter’s share: 75,000 TL / 2 = 37,500 TL
In this case, the mother receives 25,000 TL and each daughter receives 37,500 TL.
4. Other Relatives’ Share of Inheritance
If the deceased has no children, the mother’s or father’s share in the inheritance is shared among the deceased’s siblings or other relatives.
Example:
If the father dies and only his wife (mother) is alive, the inheritance is shared:
Spouse’s share: 1/4
Remaining inheritance: Shared among other relatives (siblings).
5. Waiver in Inheritance Sharing
Women can waive their right to inheritance. In this case, the inheritance will be shared among the other heirs.
Example:
If the mother waives her right to inheritance, the remaining inheritance will be shared among the children. The waiver is a legal process and must be done at a notary.
6. Legal Support in Inheritance Sharing
Getting legal support during the inheritance sharing process is important in order to prevent loss of rights. In case of problems in inheritance sharing, it may be useful to consult a lawyer.
Example:
If there is a disagreement between the parties regarding the division of the inheritance, seeking the assistance of a lawyer can help the process proceed more healthily.
7. Protection of Women’s Inheritance Rights
Women’s inheritance rights are protected by the Turkish Civil Code. Other heirs cannot prevent women’s inheritance rights through illegal means.
Example:
If there is an attempt to restrict a woman’s right in the division of the inheritance, this situation can be corrected through legal means.
8. Things to Know About Women’s Inheritance Rights
Women can receive 25% to 50% of the inheritance.
Daughters receive an equal share of the inheritance as sons.
The spouse’s share is shared with the other heirs.
