In this article, I would like to discuss "inheritance law," known as "inheritance" in Australia. the information I provide on this topic will be helpful, as inheritance issues are among the most common legal problems I encounter in Australia. While family law issues such as divorce, property division, and custody, as well as financial disputes from international trade, are significant, inheritance remains the most challenging and frequent concern for the Turkish community in Australia.
When the first generation of immigrants here passes away, either in Australia or back in Turkey, the new generation often does not know how to handle inherited immovable or movable assets in Turkey. This lack of knowledge and contact with Turkey can lead to exploitation by relatives who take advantage of the situation. So, what should be done to prevent this?
First of all, despite feeling deep pain and sorrow after the death of a loved one, other heirs may not share your level of grief. You might shortly find yourself in a legal dispute over the inheritance. Relatives you never knew or those you knew but had never met might emerge, as everyone tries to secure their share of the inheritance rapidly. They may have been quietly anticipating the death, even if they didn't show it. Thus, it's essential to be aware of potential disputes over the inheritance.
The first official step is to get a death certificate from the location where the person passed away and report it to the Turkish population system. If a relative dies in Australia, get the certificate from a hospital here. If your relative is in Turkey, you can get it by calling 188, requesting it from the hospital, or the prosecutor in the case of a judicial death. After accepting the death certificate, notify the Population Directorate to declare that the person has died and will no longer be included in that population. This process can be done by a relative in Turkey delivering the document to the directorate in person or by notifying the population directorate electronically.
The next step involves determining the surviving heirs after the person’s death. The "Certificate of Inheritance", also known as the "Inheritance Declaration", is a legal document that people encounter shortly after losing a relative. This certificate is obtained by applying to the court with the death certificate and the population registration sample. The court decision identifies the heirs of the deceased and specifies their inheritance shares. In Turkey, notaries can issue certificates of inheritance, while Turkish consulates provide them for citizens in Australia. But, certain complications, such as many heirs requiring expert calculation, or issues like denial of paternity, renunciation of inheritance, or citizenship, may cause notaries and consulates to withdraw from issuing the certificate. In such cases, one must apply to the Civil Court of Peace to get the document.
How should one act if there is a will involved in inheritance sharing? As I mentioned earlier, disputes over inheritance division, especially in divorce cases stemming from family law, are common in Australia. I also began detailing the initial steps in dealing with inheritance law.
I cautioned that the Turkish community in Australia, far from inherited properties, often faces challenges in acquiring and managing these assets. Malicious relatives in Turkey may exploit this distance, leading to victimization. To counter this, one must prepare for various inheritance disputes and remain mentally ready to handle these conflicts despite grief and legal complexities.
The next step involves following the most appropriate legal procedures. That includes submitting a valid death certificate to update official records and applying for a certificate of inheritance. This certificate, which confirms the heirs and their shares, can be obtained from Turkish consulates in Australia, provided there are no complications such as those I mentioned.
Even if you receive a certificate of inheritance, another heir might challenge this document, or there could be a will that you need to address. A will is a testamentary document that becomes effective upon the deceased person's death. It can be valid in formal, handwritten, or even verbal forms. Each type has specific validity requirements, which Turkish courts will review. If someone claims that a will affects the inheritance distribution or disputes the determined heirs, they can file a lawsuit to annul the certificate of inheritance.
Official wills, issued through notaries or courts, are typically reported to the civil registry office where the deceased resided. After receiving the death registration request, the civil registry office must notify the prosecutor's office if a will exists. The public prosecutor then requests the court to open and review the will. Yet, this process may not always be straightforward. For instance, the will might not have been created through official channels but could be a handwritten document by the deceased without involving relevant authorities. In such cases, beneficiaries who believe in the existence of an unrecognized will can petition the court to open it. They can then claim their rights if the court validates the will and confirms its authenticity.
Best Regards,
Attorney Cetin Tugberk Gurcan