Turk&Co. provides legal advice and litigation services for the inquiries of its clients pertaining to civil law, family law and/or law of inheritance. As we are aware of the sensitivity of these law fields, we address the issues with empathy and complete confidentiality. In this sense, we provide our services to our clients in a wide range of legal matters including divorce, separation, child custody, child support, alimony, adoption and marriage arrangements/contracts, disinheritance, disclaimer of inheritance, inheritance contracts, annulment of testamentary dispositions, equalization in inheritance and action for reduction.
- In the event Turkish citizens should be divorced abroad, they can apply together to the Turkish Embassy of the country they live provided that they have a valid and “unchallangable” foreign decree. In that case, divorced parties will be registered as divorced in their official civil record and will not be required to fill a lawsuit in Turkish Courts for the recognition of the foreign divorce decree.
- However, if the divorced parties or their lawyers do not have the opportunity to apply together; recognition-enforcement proceedings must be proceeded in Turkish Courts
- According to Temporary Article 8 of the Civil Registery Services Law, Turkish Citizens are entitled to apply to the Civil Registery Office to change their names/surnames conflicting with the Surname Law or may apply for the correction of spelling errors in their names/surnames. This opportunity may be used with for only one time and may not be repeated (unless a court orders otherwise).
- If the application should be rejected, courts are authorized to control whether the administration has a “just cause” to reject the application (Examples for “just cause”: If the name has become an object of derision; the person has spent his whole life with the name requested to be changed, the name causes gender mix, material error, etc.)
- The official document determining the inheritors after the death of a person is named as the ”certificate of inheritance”. The certificate of inheritance, lists the names of legal inheritors and their inheritance share. Such document can be obtained by applying to the “Courts of Civil Peace (Sulh Hukuk)” or notaries. However, if there are non-Turkish citizens or dual citizens among the inheritors, notaries are not entitled to issue a certificate of inheritance and an application to the court of peace is mandatory.
- Applicants should apply to Civil Peace Courts at the place, where the Legator had it latest residential address or where the inheritance is located.
- In some cases, conflicts may arise because some of the spouses and children are not registered in Turkish Civil Registry Records. The contrary may be proven with official documents such as birth certificates, marriage certificates and family listing documents. Also, a foreign divorce decree may not be recognized and enforced by Turkish Authorities wherefore a former wife/husband receive inheritance shares. In such case, other inheritors may file a lawsuit.