When the testator dies, it is first checked whether the deceased has an heir in the first group. If there is no heir in the first group, those in the second group become heirs. If there is no heir in both the first and second estates, those in the third estate become heirs.
In terms of the inheritance of the surviving spouse, what should be considered is how the title of spouse will be acquired. According to the provisions of the Turkish Civil Code, marriage is established with an official marriage and together with the official marriage, the title of spouse is gained. Thus, with the acquisition of the title of spouse, all rights granted to spouses by the law can be enjoyed. However, due to social values and customary traditions, out-of-wedlock unions are still seen in society. These unions sometimes take place in a way that is not legally valid with imam marriage. Sometimes it takes place even without an imam marriage.
In such a case, the question of whether the surviving person will be the heir to the deceased as a surviving spouse, as a result of the death of one of the persons who maintain a de facto union without a formal marriage, comes to mind.
It is only possible for a person other than those listed in the law to be an heir with a testament or other testamentary disposition. In other words, the legator can make his/her spouse/Imam-wedded spouse heir to himself by means of a will or inheritance contract. However, in this case, the inheritance of the common-law spouse / imam married spouse is due to death-related savings, and the common-law spouse / imam-married spouse is not the heir with a reserved share. Since there is no heir with a hidden share, in case of a possible cancellation of the will or the inheritance contract, the right of inheritance disappears. Apart from this, it is not possible for a common-law spouse/imam spouse to be an heir in any other way.
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