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inheritor. However, in the contentious probate matters -where complex
family relationship involves- the grant of probate is not a straightforward
issue to resolve and may require a witness, expert examination or
even may need to be referred to court for a detailed judgment. These
situations must be well examined by the notary public for realization of
the transactions.
The certificates of inheritance may be subject to objection by those
who have applied for issue of certificate or whose interest is infringed
before the competent court to be determined according to Civil Procedure
Code. Thus, the decisions of the notary public shall be subject to the
review and may be reconsideration by the courts.
Invitation of the Spouse who Left the Matrimonial Domicile
The invitation letter of the spouse who left the matrimonial domicile
is related to the divorce cases based on leaving of one of the spouses
according to Article 164 of Civil Code numbered 4721. Pursuant to this
article, the spouse who left home with no intention to return may be
subject to a divorce lawsuit if does not return home within six months.
Prior to entry into force of the Regulation, the formal invitation letter
to the spouse, who has not returned home, were being issued by the courts.
The Regulation transfers these duties from the courts to the notary public.
The invitation letter shall include the identity information of the spouses,
the details of the matrimonial home where the spouses lived together and
a legal notice that the marriage may be headed for a divorce lawsuit if the
spouse does not return home.
Conclusion
The authorities granted to the notary public under the Regulation
aim at decreasing the workload of the courts. It is certain that the new
provisions will decrease the workload of the courts substantially and
hasten the proceedings for such transactions. Prior to the Regulation, the
legal procedure for obtaining the certificate of inheritance was complex
and time-consuming procedure and causing inherent delays because of the
cumbersome requirement to file a lawsuit. However, in case the records
stored by national identification register deeds are not coherent with the