How Much Is the Mother’s Right in Inheritance Sharing?
In inheritance sharing, the rights of family members are determined according to the Turkish Civil Code. In this sharing, the mother of the heir in particular may have a significant share. The mother’s right in the sharing of the inheritance of a deceased person varies according to the legal heirs and the nature of the inheritance. In this article, we will examine the mother’s rights in inheritance sharing and the extent of inheritance rights in which cases with examples.
1. Mother’s Inheritance Right: General Overview
The mother’s inheritance right is determined depending on the existence of the deceased’s surviving spouse, children or other close relatives. Inheritance sharing takes place in proportion to the deceased’s other surviving relatives. According to the relevant provisions of the Turkish Civil Code, the mother’s share of the inheritance is determined in the following ways:
In the Presence of a Surviving Spouse: If the deceased has a spouse, the mother’s inheritance right is calculated together with the spouse.
In the Presence of Children: If the deceased has children, the mother’s share decreases proportionally with the children’s inheritance share.
2. In Which Cases Does the Mother’s Share of the Inheritance Increase?
If the deceased has fewer legal heirs, the mother’s share of the inheritance increases. For example:
No Children: If the deceased has no children, the mother can receive a larger share of the inheritance.
When There Are No Other Close Relatives: If the deceased has no other first-degree heirs, the mother’s share increases even more.
For example: If the deceased has no spouse or children, the inheritance is divided between the mother, father and siblings. In this case, the mother’s share of the inheritance will be greater.
3. Mother’s Share in Cases of Children
In cases where the deceased has children, the mother can receive a portion of the inheritance, but a share is also allocated to the children. In this case, the deceased’s share of the inheritance may be limited:
If There Are Spouses and Children: If the deceased has a spouse and children, the mother’s share will be more limited.
If There Are Only Children: If the deceased has children and a mother but no spouse, the inheritance is divided between the children and the mother.
Example: If the deceased has two children and a mother, the inheritance is divided between the children and the mother. The children usually have a share of the inheritance over the mother.
4. How are the Spouse and Mother’s Inheritance Rights Shared Together?
If both the spouse and mother of the deceased are alive, then a balance is achieved between the legal heirs. In this case, the spouse receives one-fourth of the inheritance as a legal right, while the mother shares the remaining share with the other heirs.
Example: If the deceased has a mother, spouse and children, one-fourth of the inheritance is divided between the spouse and the rest is divided between the children and the mother.
5. The Mother’s Renunciation of Inheritance
Sometimes the mother may renounce the inheritance. If the mother renounces the inheritance before the inheritance is left with a renunciation agreement, the mother’s right to inheritance is eliminated and the other legal heirs share the inheritance.
Renunciation Case: If the mother renounces, the other heirs share the inheritance and no share is allocated to the mother.
Example: The mother can waive her right to inherit by signing a waiver agreement while she is alive. In such a case, the children of the deceased person can receive the entire inheritance.
6. Can the Mother’s Right to Inheritance Be Objected?
During the division of the inheritance, other heirs have the right to object to the mother’s right to inheritance. However, legal reasons must be provided for these objections to be valid. The mother’s right to inheritance cannot be objected to for non-legal reasons.
Example: If the children of the deceased object to the mother’s right to inheritance, this objection must be supported by legal grounds. Otherwise, the objection will not be accepted.
7. Situations in Which the Mother Can Receive the Highest Share of the Inheritance
If the deceased has no children or spouse, the mother can receive a large portion of the inheritance. Especially in cases where there are no first-degree heirs other than the mother, the mother’s share of the inheritance will be much higher.
Example: If the deceased has no spouse or children, the inheritance is divided equally between the mother and the father. If the father is also absent, the entire inheritance can go to the mother.
8. Protection of Mother’s Rights in Inheritance
The mother’s right to inherit is protected by the Civil Code. Other heirs cannot prevent the mother’s right to inherit by illegal means. It is important to protect the mother’s right when dividing the inheritance, and in this case, it may be necessary to seek legal support.
Example: In order to protect the rights of the mother during the inheritance division, seeking the help of a lawyer can ensure a fair distribution.
