1. Learn About Inheritance Sharing
Determine Inheritance Rights and Shares: In inheritance sharing, it is important to learn the legal rights of the heirs and understand how much each sibling is entitled to. According to the Civil Code in Turkey, inheritance shares are shared among the legal heirs in certain proportions.
Example: If there are four siblings in the family and the mother/father has passed away, each sibling has equal inheritance rights. However, this may vary depending on the number of heirs and the will of the deceased, if any.
2. Prioritize Family Communication
Establish Emotional and Respectful Communication: When disagreements arise regarding inheritance, maintaining an emotional distance with family members and maintaining respectful communication is important in the long term.
Example: If a sibling requests a larger share of the inheritance, openly discussing the reasons for their requests with the other siblings can help resolve the disputes quickly.
3. Apply to Mediation
Get Professional Support: If an agreement cannot be reached on inheritance issues, reaching a solution with a mediator can be effective. Mediators are impartial third parties who work to reconcile the two parties.
For example: If the parties cannot agree on the division of homes and other real estate, a mediator can help you reach an agreement on a fair division of all assets.
4. Get Legal Advice
Consult a Lawyer: If the dispute cannot be resolved, it is useful to seek the help of a lawyer who specializes in inheritance. A lawyer can provide guidance by clearly explaining your rights and obligations in inheritance cases.
For example: If one of the siblings thinks that their legal rights have been inadequately recognized, they can learn about their legal rights and the methods they can apply by getting legal advice.
5. File a Lawsuit for the Dissolution of Partnership (İzale-i Şuyu)
Selling the Property and Sharing the Money: If an agreement cannot be reached on the division of property, filing a lawsuit for the dissolution of partnership is an option. As a result of this lawsuit, the property is sold by court order and the money obtained is shared between the parties.
Example: If one of the siblings wants to take over an apartment, but the other siblings cannot agree on this issue, the sale of the property can be requested by applying to the court.
6. Review the Will or Inheritance Agreement
Check the Validity of the Will: If the testator has left a will, the legal validity of this will must be verified. In some cases, the will may be illegal or incomplete.
Example: If the testator has granted more rights to some heirs in his will, the legality of the will must be examined and, if necessary, the court can be applied to cancel the will.
7. Take Care to Protect Family Ties
Seek Solutions Based on Compromise and Understanding: In sensitive issues such as inheritance sharing, it is important to pay attention to mutual understanding in communication between siblings in order to reach a compromise. This approach also contributes to the preservation of family relationships.
Example: Before the parties come to a disagreement, seeking a common solution to protect everyone’s rights will strengthen long-term family relationships. 8. Apply to Court if Necessary
File an Inheritance Division Case: If there is still a disagreement after all possible solutions have been tried, a court case can be filed. Filing an inheritance division case ensures that the inheritance is divided by a court decision.
For example: If a sibling demands all of the assets from the others and the others object to this, they can apply to the court to ensure that the inheritance is divided fairly.
