The Right of Inheritance of the Imam’s Married Wife
The issue of who will be the heirs of a deceased person is regulated and limited in the Turkish Civil Code. The law adopted the coterie system for determining heirs. According to this, the heirs of the deceased are the surviving spouse, as well as those who are in the first, second, third coterie. In the first group there is an extended subsoy in the form of children, grandchildren, great-grandchildren. In the second group there are parents, fathers and brothers, and the lower half of the brothers. In the third group, there are grandparents and grandparents. The surviving spouse of the Murisin is the heir with all three groups, only the proportion of the share of inheritance he has varies. The spouse who is the heir with the first clan is entitled to ¼ of the inheritance, the spouse who is the heir with the second clan is entitled to ½ of the inheritance, and the spouse who is the heir with the third clan is entitled to ¾ of the inheritance. If there is no one in all three groups, the spouse is entitled to the entire inheritance.
When Muris passes away, first of all, it is checked whether Muris has an heir in the first group. If there is no heir in the first clan, those in the second clan will be the heirs. If there are no heirs in both the first and second groups, those in the third group will be the heirs.
It is necessary to pay attention to the way in which the title of spouse will be acquired in the care of the surviving spouse’s inheritance. According to the provisions of the Turkish Civil Code, marriage is established by an official marriage and the title of spouse is acquired together with the official marriage. Thus, with the acquisition of the title of spouse, all the rights granted by the law to spouses can be used. However, due to social values and customary traditions, official non-marital unions are still observed in society. These associations are sometimes realized in such a way that they are not legally valid with the imam’s wedding. Sometimes the imam’s wedding takes place even without it.
In such a situation, that is, as a result of the death of one of the persons who maintained an actual union without an official marriage, the question arises as to whether the survivor will be the heir of Murise as the surviving spouse.
It is only possible for a person other than the ones listed in the law to become an heir with a will or other death-related savings. In other words, the bequeathed person can make his unmarried wife / imam’s married wife an heir to him with a will or inheritance agreement that he will issue. However, in this case, the inheritance of the unmarried spouse / imam’s married wife is due to death savings, and the unmarried spouse / imam’s married wife is not the sole heir. In the event of a possible cancellation of the will or inheritance agreement made because there is no registered heir, the right of inheritance is eliminated. In addition, there is no possibility that the unmarried wife / imam’s married wife will be the heir in any other way.
Although the unmarried spouse / imam married spouse / life partner is not the legal heir, it is possible to judge the compensation for deprivation of support with the case law of the Supreme Court in favor of these persons.
