Comprehensive Information About the Surviving Spouse’s Share of Inheritance and Inheritance
The mourning process for a person who loses his or her spouse is quite challenging and emotionally draining. In this difficult process, being informed about issues such as legal rights and inheritance sharing is of great material and moral importance.
In this blog post, we will include detailed information about the surviving spouse’s share of the inheritance and inheritance.
Who is the Surviving Spouse?
A surviving spouse is the party who survives the death of one of the spouses. As long as the marriage union continues, the surviving spouse is considered the legal heir.
What is the Surviving Spouse’s Share of Inheritance?
The share of inheritance that the surviving spouse will receive is determined according to the degree of kinship of the testator with the other heirs. According to the Turkish Civil Code, the share of inheritance that the surviving spouse will receive is as follows:
If the testator has children: The surviving spouse receives 1/4 of the inheritance. The remaining inheritance is shared equally among the children of the deceased.
If the testator does not have children:
If the testator has parents: The surviving spouse receives 1/2 of the inheritance. The remaining inheritance is shared equally between the mother and father of the deceased.
If the testator does not have a mother and father: The surviving spouse receives 3/4 of the inheritance. The remaining inheritance is shared equally between the deceased’s grandparents and their children.
If the testator does not have a relative above: The surviving spouse receives the entire inheritance.
Is the Surviving Spouse’s Inheritance Rights Affected by the Reserved Share?
No, the surviving spouse’s inheritance rights are not affected by the reserved share. The reserved share is the minimum inheritance share given by law to certain legal heirs of the testator. The surviving spouse has the right to a reserved share as the legal heir. Thanks to this right, one can never be deprived of the inheritance shares mentioned above.
How Does the Property Regime Affect the Surviving Spouse’s Share of Inheritance?
The property regime regarding property acquired during marriage may affect the surviving spouse’s share of the inheritance. The surviving spouse, who has a claim to participate in the acquired property, can receive this claim from the estate of the deceased. This receivable is calculated and deducted from the estate before the distribution of the inheritance.
Things to Consider Regarding Inheritance Law
Inheritance law is a complex issue and each case must be evaluated on a case-by-case basis. Therefore, it is recommended that the surviving spouse consult an attorney to fully understand his or her rights. The lawyer can ensure that the surviving spouse is informed in the most accurate way, taking into account factors such as the place where the testator died, the assets of the testator and the surviving spouse, and other legal heirs of the testator.