Who Pays the Expenses of an Inheritance Sharing Case?
Inheritance sharing cases are filed to secure the rights of the heirs and ensure that the inheritance is shared fairly. However, this process also brings legal costs and requires various expenses from the filing of the case to the final decision stage. So, who pays these costs? We have explained in detail below:
1. Case Opening Fees
In order to file an inheritance sharing case, the case opening fee must first be paid.
This fee is paid by the person filing the case (plaintiff heir).
The fees paid at the opening stage of the case are valid for various procedures such as file review, trial, expert examinations.
2. Expert Fees and Appraisal Reports
In inheritance sharing cases, expert reports may be required to determine real estate or valuable assets.
Such reports are used to determine the value of the goods or to share the real estate.
Expert expenses are paid by the requesting party at the outset, but the final decision determines which party will be charged with the expenses. The court may decide to share the costs.
3. Attorney Fees (Attorney Expenses)
It is not mandatory to hire a lawyer in inheritance sharing cases, but since inheritance law is complex, many people prefer to get legal support.
The attorney’s attorney fee is usually covered by the person who hired the lawyer.
If the plaintiff is found to be right at the end of the case, the court may decide that the other party pays a portion of the attorney’s fee.
4. Witness and Witness Expenses
If the case requires hearing witnesses, there will be costs related to calling the witnesses to court.
The witness expenses are the responsibility of the party that wants to bring the witnesses to court.
The court may re-evaluate the distribution of costs at the end of the trial and ensure that the expenses incurred by the party found to be right are covered.
5. Additional Fees for File Review and Contentious Cases
If there is a contentious situation in the inheritance sharing, additional fees may be required for the file review and extension processes.
Such fees are paid by the plaintiff. However, these expenses may be shared among all heirs as a result of a court decision.
6. Decision and Judgment Fees
Judgment fees are also paid to formalize the decision given at the end of the case.
These expenses are mostly paid to protect the rights of the winning party and are collected from the relevant parties at the end of the case.
7. Example: Sharing of Expenses and Implementation
Example: In an inheritance sharing case, a dispute arose between two siblings regarding the value of a real estate. The court requested an expert report and the expert expenses were initially paid by the requesting sibling. At the end of the case, the court decided to sell the real estate and share its price and shared the expert fee among the heirs. In this example, the expenses were covered by the equitable contribution of both parties.
8. Court Decision and Sharing of Expenses
The court decides on the sharing of expenses according to the result of the case.
The party who is found to be right may request some or all of the expenses from the other party. This practice is done to ease the financial burden of the heirs.
9. Collection of Expenses and Enforcement Proceedings
Expenses decided by the court can be collected through enforcement if the other party does not pay.
Additional enforcement costs may arise during this process; this may create an additional burden, but generally the costs are collected through enforcement.
İçindekiler