While long-awaited reforms have come into effect, related to property transactions and the distribution of inheritance, including more flexibility in the procedures concerning property and greater changes in legislation on inheritance, it would be assumed that these would affect millions of citizens in Turkey by determining essential adjustments in the practice of inheritance, especially those concerning property-related legal processes.
New regulations were implemented to reduce family disputes over inheritance issues and to allow heirs more flexibility in the distribution of estates. Below are some of the main changes that define this new legal landscape:
Abolition of Obligatory Equal Division of Inheritance
Under previous legislation, there existed a stipulation that the inheritance had to be shared on an equal basis. However, this has been stricken off in the new reforms: it is now permissible for any family to make written agreements among themselves, allowing greater flexibility in how the estate is distributed, thus more accurately reflecting personal preference and individual circumstances. This provides ample leeway for family agreement on more specifically adapted structures, excluding as far as possible potential for litigation.
Simplifying the Transfer of Property Among Siblings
Above all, the new law has brought conspicuous improvements in the easier transfer of property between siblings. While earlier such transactions had to be notarized, with the new law, siblings will be able to transfer property among themselves in writing without the presence of a notary, thus easier and quicker division of the assets. This is, above all, handy for those who would want to sort out as quickly as possible the issue of property distribution at the death of a member of the family. Consent by Co-Owners Required for Sales of Common Property
This big change has come in relation to co-owned properties.
In the new law, any sale of a property by co-owners, otherwise known as "shareholders," must be a unanimous act of all parties to a sale. It was this change that made sure any transaction involving shared property would be agreed upon by all concerned.
But co-owners can grant a lawyer actual power of attorney to act on their behalf, in such a way that they don't need to be personally involved in every transaction.
Negotiated Inheritance Agreements Replacing Equal Distribution Principle
Under the previous system, the principle of equal distribution often led to conflicts within families. The new law allows heirs to negotiate and sign written agreements regarding the division of inheritance. This flexibility enables family members to customise inheritance arrangements according to their unique dynamics and personal preferences, fostering a more harmonious settlement process.
These are the most radical changes regarding how the courts address issues of inheritance and conveyancing, giving the family more discretion and quicker, more pragmatic solutions. For any queries or if you need legal advice regarding issues on inheritance and property, please contact CCS Law for professional advice regarding these new rules.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
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