Inheritance Law and Partition Actions

Inheritance Law is a technical branch of law that governs how a person’s estate (inheritance) is transferred—upon death or declaration of absence—to heirs, in what proportions, and under which legal principles. Inheritance processes are often complex and sensitive, as they typically involve family members, encompass historical asset transactions, and affect multiple parties simultaneously.

Zengin & Aydın Law Firm provides legal services with full awareness of both the emotional and financial dimensions of inheritance law. For clients seeking an inheritance attorney in İzmir, our primary objective is to resolve disputes among heirs through amicable settlement where possible; however, where settlement cannot be achieved, we manage litigation processes with meticulous care and strategic precision.

Our Services in Inheritance Law

Our office provides legal support in both estate planning (pre-death) and estate distribution (post-death) processes, covering the following areas:

1. Distribution of Inheritance and Dissolution of Co-Ownership (Partition Actions)

The most common issue faced by heirs concerns how inherited assets are to be divided. Where agreement cannot be reached, court-ordered sale or in-kind division becomes necessary. Different categories of assets are subject to distinct legal rules:

Division of Residential Property: Management of procedures for in-kind division (where feasible) or sale and distribution of proceeds for inherited apartments, summer houses, or detached homes when physical division among heirs is not possible.
Division of Land Plots: Subdivision (parceling) of land suitable for zoning and distribution among heirs, or dissolution of co-ownership through sale.
Division of Agricultural Land: Due to statutory restrictions under the Soil Protection and Land Use Law—which prohibit subdivision below certain minimum sizes—we handle complex procedures involving transfer to a qualified heir or sale of the land as a whole.
Division of Vehicles and Movables: Transfer or sale and distribution of proceeds for movable assets such as automobiles and commercial vehicles, which are particularly susceptible to depreciation.

2. Actions Based on Decedent’s Fraud (Concealment of Assets from Heirs)

Where the decedent, during their lifetime, favored certain heirs by disguising donations as sales in land registry records (asset concealment), actions for annulment and re-registration of title deeds may be filed to restore the rights of heirs whose reserved shares have been infringed.

3. Wills and Dispositions Mortis Causa

Within the scope of preventive law, we provide services aimed at avoiding future disputes:

Drafting of Wills: Preparation of official or handwritten wills in compliance with legal requirements.
Inheritance Contracts: Drafting contracts for lifelong care and inheritance waiver agreements.
Reduction (Abatement) Actions: Restoration of reserved shares infringed through wills or lifetime donations.

4. Estate Determination and Succession Procedures

Certificate of Inheritance (Heirship Certificate): Obtaining documents indicating heirs and their respective shares, or annulment of erroneous certificates.
Estate Inventory and Official Recording: Actions to officially determine and record all assets and liabilities of the estate.
Renunciation of Inheritance: Completion of inheritance renunciation procedures within statutory time limits where the estate is insolvent.

Inheritance litigation requires not only statutory knowledge, but also mastery of Court of Cassation precedents, strategic planning, and a holistic evaluation of the case file. Zengin & Aydın Law Firm analyzes every detail—from agricultural restrictions affecting land division to usufruct rights in residential property—to provide clients with the most effective legal roadmap.