WHAT IS THE SURVIVING SPOUSE’S SHARE?
First, it should be noted that inheritance distribution in Inheritance Law is based on the order of inheritance or, in other words, the clan system. In other words, the share of inheritance a person receives depends on who their co-heirs are. If we talk about groups;
The children and grandchildren of the person leaving the inheritance form the first group.
T he testator’s parents, their brothers and sisters, and their children form the second group.
The testator’s grandparents and their descendants (i.e., the testator’s uncles, aunts, and their descendants) form the third group.
As can be seen, the surviving spouse is not included in any group. Therefore, as mentioned above, while the surviving spouse is deprived of their share of the inheritance, the distribution of the inheritance will change accordingly, along with the persons who will share in the inheritance. Consequently, the distribution of the inheritance is carried out primarily by ensuring that any hidden shares in the inheritance, if any, remain untouched according to the will.
So, how is the surviving spouse’s share of the inheritance determined?
In this regard, it is first necessary to look at who the legal heir is. In other words, it must be determined which group is the heir along with the surviving spouse.
If the surviving spouse is an heir together with the descendants of the deceased (i.e., the children and grandchildren of the deceased), the surviving spouse’s share of the inheritance is at most ¼ of the inheritance. The remaining ¾ is distributed among the other heirs, i.e., the children and grandchildren of the deceased.
If the surviving spouse is an heir alongside the deceased’s parents and siblings, the spouse’s share is 1/2.
If the surviving spouse is an heir alongside the deceased’s grandmother, grandfather, uncle, aunt, or other relatives living in a group, the surviving spouse’s share of the inheritance is ¾.
Furthermore, there should be no doubt that the surviving spouse can benefit from the inheritance;
the marriage must have been officially registered.