THE PROCESS OF DISCLAIMING INHERITANCE IN TURKEY AND ITS RAMIFICATIONS
The disclaimer of inheritance means that an heir unconditionally refuses the estate of the deceased. This process signifies the heir’s renunciation of the deceased’s assets, and the rejected inheritance is entirely removed from the heir’s possession without any conditions. Various reasons may lead to the rejection of inheritance, including excessive debts, low value of the inheritance, or the intention to protect the rights of other heirs.
No one can be forced to accept an inheritance in Turkey. Upon the opening of the inheritance, the estate, including its assets and liabilities, automatically transfers to the heirs under Turkish Inheritance Law. However, the legislator has also granted heirs the right to refuse their status as heirs. By rejecting the inheritance in Turkey, heirs can avoid being held responsible for the deceased’s debts. Additionally, in some cases, heirs may choose to disclaim the inheritance to safeguard the rights of other heirs, as accepting an inheritance may impose certain obligations on them regarding the distribution of shares among other heirs.
If a person decides to refuse an inheritance in Turkey, they will not receive any rights or shares from the deceased’s assets. However, by rejecting the inheritance in Turkey, the individual also avoids taking on the deceased’s debts, thereby preserving their own assets. Nevertheless, an heir who disclaim the inheritance in Turkey cannot benefit from any receivables the deceased may have had.
The process of disclaimer of inheritance in Turkey begins after the death of the deceased. When heirs enter the legal process of distributing the deceased’s assets, an heir who does not wish to accept the inheritance can exercise their right by submitting a declaration of renunciation. A rejection based on the heir’s own will is called an “voluntary rejection,” whereas a rejection presumed by law is referred to as a “statutory (legal) rejection.”
WHAT IS THE REJECTION OF INHERITANCE IN TURKEY?
The rejection of inheritance in Turkey is the act of refusing all assets and debts of the deceased after their death. Legal or appointed heirs can exercise this right to refuse the inheritance. The waiver of inheritance rights in Turkey is regulated under Articles 605-618 of the Civil Code. According to the principle of universal succession, which is a fundamental concept in Turkish inheritance law, the status of heir automatically comes into effect upon the death of the deceased, and the inheritance is transferred. However, not only the deceased’s estate but also the personal assets of the heirs may be affected by the deceased’s debts.
Upon the death of the deceased, the inheritance legally and immediately passes to the heirs in Turkey. Therefore, heirs do not need to make a separate declaration of intent; the inheritance is transferred automatically. However, if the deceased was in debt or bankrupt, heirs may become liable for the debts not only with the deceased’s estate but also with their personal assets. If heirs do not wish to assume these debts, the legal mechanism of “disclaimer of inheritance” comes into play.
The right to reject an inheritance in Turkey belongs solely to legal and appointed heirs. It is not possible to request the renunciation of inheritance in Turkey before the death of the deceased. However, while the deceased is still alive, a waiver of inheritance agreement can be made, or inheritance rights may be transferred with a contract or testament.
HOW TO DISCLAIM AN INHERITANCE IN TURKEY?
The process of waiving of inheritance rights in Turkey is carried out through a written declaration submitted by an heir or their legal representative to the Civil Court of Peace. If this declaration is made within the prescribed period and in accordance with legal procedures, the rejection of the inheritance is considered valid, and subsequent procedures become formalities.
According to Article 609/2 of the Turkish Civil Code, the disclaimer of inheritance must be unconditional and absolute. Rejecting an inheritance in Turkey can lead to significant changes in the distribution of the deceased’s estate, making it a legally significant action with lasting consequences.
The waiver of inheritance rights in Turkey affects not only the heirs but also all creditors of the deceased. Therefore, it is crucial that the declaration of rejection is clear, explicit, definitive, and precise. Otherwise, it may be deemed invalid and subject to annulment.
Article 39 of the Regulation on the Implementation of the Provisions of Custody, Guardianship, and Inheritance under the Turkish Civil Code governs the process of rejecting an inheritance in Turkey. According to this regulation, when an heir rejects the inheritance in Turkey, the civil judge drafts an official record. This document includes the full identity details of the rejecting heir and must be signed by either the heir or their legal representative. If a representative is acting on behalf of the heir, a power of attorney must be attached to the record.
As per this regulation, a legal representative must have specific authority stated in the power of attorney to request the renunciation of inheritance in Turkey on behalf of an heir. Precedent decisions by the Court of Cassation have clarified the necessary conditions for a representative to carry out this process.
Since waiving inheritance rights in Turkey results in the complete forfeiture of the deceased’s estate, the heir also loses any rights to real estate inherited under Turkish Property Law. Therefore, consulting a real estate lawyer in Turkey before initiating the rejection process is highly advisable.
WHAT IS THE TIME LIMIT FOR DISCLAIMING AN INHERITANCE IN TURKEY?
The disclaimer of inheritance in Turkey must be declared within three months from the date of the deceased’s death. This period is a statutory limitation period, meaning that courts automatically take it into account. The start of this period differs for legal and appointed heirs.
- For legal heirs, the three-month period starts from the date they learn of the deceased’s death.
- For appointed heirs, the period begins from the date they are informed of their appointment as heirs.
If a court orders an inventory of the estate for its protection, the three-month rejection period starts for both legal and appointed heirs from the date the civil judge notifies them that the inventory process is completed. In such cases, the date the heir learned of the deceased’s death is irrelevant. However, if the decision to conduct an inventory is made after the three-month period has already expired, the right to reject the inheritance is considered forfeited.
If there are important reasons, the peace judge may extend the period for waiving inheritance rights in Turkey granted to legal and appointed heirs, or may provide a new period. Examples of important reasons could include one of the heirs being seriously ill or the anticipation of new periods in inheritance-related lawsuits.
WHAT HAPPENS IF THE THREE-MONTH PERIOD FOR REJECTING AN INHERITANCE IS EXCEEDED?
Article 606 of the Turkish Civil Code establishes an important time limit for the disclaimer of inheritance in Turkey. According to this article, heirs are granted the right to reject the inheritance in Turkey, and they must exercise this right within a three-month period. If the three-month rejection period is exceeded, under Article 610/1 of the Turkish Civil Code, the right to reject the inheritance is forfeited. In this case, heirs can no longer reject the inheritance in Turkey.
If heirs do not formally reject the inheritance within the three-month period, they are considered to have implicitly accepted the inheritance unconditionally. In other words, if heirs passively allow the three-month period to elapse, their silence will be regarded as acceptance of the inheritance.
However, there are exceptions to this rule. For example, if it is clearly known or officially determined that the deceased was insolvent at the time of death, the heirs are considered to have rejected the inheritance due to the debts. In such cases, even if the three-month period passes, the heirs’ silence will not be considered as acceptance of the inheritance.
Therefore, exceptional circumstances, such as the deceased’s debt situation, can affect the process of waiver of inheritance rights in Turkey and may prevent the three-month period from applying. These situations may allow heirs to request an extension of the rejection period. Such legal nuances are important for protecting heirs’ rights and ensuring justice in Turkish inheritance law.
LEGAL PROCESS OF DISCLAIMER OF INHERITANCE IN TURKEY
Although the answer to how to disclaim an inheritance in Turkey may seem simple, the process for rejection of inheritance in Turkey is actually a detailed process that requires technical knowledge. Since legal procedures must be followed in disclaiming inheritance in Turkey, it is recommended to work with a lawyer. However, the general steps for rejection of inheritance in Turkey are as follows:
Decision to Disclaimer the Inheritance: Before deciding to disclaim the inheritance, it is essential to learn about the deceased’s debts and other legal obligations. The most accurate and definitive way to determine this is to file an inheritance determination case.
Preparing the Petition for Disclaimer of Inheritance: The petition for the disclaimer of inheritance in Turkey must include an unconditional and absolute declaration of the disclaimer. This petition must be submitted to the competent and authorized court for the inheritance waiver process in Turkey.
Finalization of the Disclaimer Request: After the petition for renunciation of inheritance is accepted by the court, a hearing date is set, and legal procedures are completed. Once the court’s decision is finalized, the inheritance is considered disclaimed.
WHAT ARE THE TYPES OF WAIVER OF INHERITANCE RIGHTS IN TURKEY?
The disclaimer of inheritance in Turkey refers to the act of an heir renouncing their status as an heir by refusing the debts and assets transferred to them through inheritance. According to the Turkish Civil Code, the disclaimer of inheritance occurs in two forms: voluntary disclaimer and statutory disclaimer.
Voluntary (Real) Disclaimer: This is when the heir voluntarily decides not to accept the inheritance and rejects it. To do so, the heir must apply to the Civil Court of Peace within a specified period.
Statutory (Legal) Disclaimer: This occurs when the deceased’s debts exceed the estate’s assets, and the inheritance is automatically considered disclaimed. In this case, heirs are not held liable for the debts, and no further action is required from them.
A) VOLUNTARY DISCLAIMER OF INHERITANCE IN TURKEY
The real disclaimer of inheritance in Turkey is an action where the heirs declare, without providing any specific reason, that they are renouncing their inheritance to the competent authority. This action is considered a destructive new right, meaning that if an heir rejects the inheritance in Turkey, they lose their status as an heir and are regarded as having died before the deceased.
The rejection of inheritance in Turkey can be made without any conditions. This allows the heir to exercise their right not to accept the inheritance as they see fit. However, once the inheritance is disclaimed, it cannot be reversed, except in exceptional circumstances. Once an heir disclaim the inheritance in Turkey, they cannot change their decision. This indicates that the disclaimer of inheritance has significant legal consequences.
The real disclaimer of inheritance in Turkey leads to the termination of the heir’s status, and the disclaimed inheritance is distributed among the remaining heirs. This action has important implications for an heir who is excluded from the estate of the deceased at the time of death.
B) STATUTORY DISCLAIMER OF INHERITANCE IN TURKEY
Statutory disclaimer of inheritance in Turkey refers to the automatic rejection of an inheritance when the deceased (the testator) was insolvent at the time of death, meaning their debts exceeded their assets. According to Article 605 of the Turkish Civil Code, if the testator’s insolvency is clearly evident or can be proven through official documents, heirs are deemed to have disclaimed the inheritance without the need to formally request renunciation. However, if heirs perform any explicit or implicit actions indicating acceptance of the inheritance, they may lose their right to statutory disclaimer in Turkey. Therefore, when dealing with an insolvent estate, it is crucial for heirs to act with awareness.
CONDITIONS FOR STATUTORY DISCLAIMER OF INHERITANCE IN TURKEY
1- The Testator’s Inability to Pay Debts at the Time of Death
The inability to pay debts at the time of death refers to a situation where the testator’s financial condition is insufficient to cover their debts despite the due dates having passed. However, this is not necessarily equivalent to insolvency. While being unable to pay debts implies ongoing and severe financial hardship, insolvency means that the total liabilities exceed the total assets. For example, if a person has no outstanding debts but lacks any sources of income, they may be unable to pay obligations, yet this does not mean they are insolvent.
The testator’s inability to pay debts should not be confused with a temporary liquidity shortage. If the testator had sufficient assets to cover their debts but was unable to make payments due to lack of cash flow, this would not be sufficient for statutory disclaimer. For statutory disclaimer to apply, the total debts of the testator must exceed their estate. For instance, if the testator had debts amounting to 100,000 TL but also possessed assets of the same value, they would not be considered unable to pay debts, and thus, the conditions for statutory disclaimer would not be met.
Whether statutory disclaimer applies is determined by the court based on the specifics of the case and the evidence presented by the parties.
2- Clear or Official Determination of the Testator’s Financial Insolvency
For statutory disclaimer to apply, it is not enough for the testator to be unable to pay debts; this condition must also be clearly evident or officially documented.
A testator’s financial insolvency is considered clearly evident if it is widely known within their social and business circles. However, some individuals may deliberately conceal their financial difficulties due to embarrassment or strategic reasons. In such cases, the court must conduct a detailed assessment to determine whether the testator’s estate is genuinely insolvent. The judge will consider all available evidence, including witness statements, before making a decision.
The official determination of insolvency requires supporting documents that prove the testator’s inability to pay debts. This includes enforcement proceedings initiated against the testator, insolvency certificates issued in their name, a declaration of bankruptcy or concordat, or the seizure of all their assets. However, the bankruptcy of a company in which the testator was a shareholder does not necessarily mean the testator was personally insolvent. The official determination must be directly related to the testator.
3- Preservation of Heir Status in the Event of Statutory Disclaimer
For an heir to be released from their heir status by asserting statutory disclaimer in Turkey, they must not have explicitly accepted the inheritance or engaged in actions that imply acceptance. According to the Turkish Civil Code (TMK), an insolvent estate can be accepted by heirs through an explicit declaration at any time. However, the law considers certain actions as implicit acceptance of the inheritance.
According to Article 610 of the Turkish Civil Code:
“An heir who, before the expiration of the disclaimer period, engages in transactions beyond the ordinary administration of the estate, takes possession of estate assets, conceals them, or undertakes acts beyond what is necessary for the management of the deceased’s affairs, loses the right to disclaim the inheritance. However, filing lawsuits or initiating enforcement proceedings to prevent statute of limitations or forfeiture of rights does not eliminate the right to disclaim.”
Thus, for statutory disclaimer to be valid, heirs must avoid actions that suggest acceptance of the inheritance. Otherwise, they may be deemed to have implicitly accepted the inheritance and lose the right to statutory disclaimer.
STATUTORY DISCLAIMER OF INHERITANCE LAWSUIT
A statutory disclaimer of inheritance lawsuit is filed in civil courts to determine whether the inheritance is insolvent. In practice, this lawsuit is also referred to as a “lawsuit for determining the insolvency of the estate.” Heirs can petition the court to establish that the testator’s debts exceed their assets, thereby asserting that the inheritance should be deemed automatically disclaimed.
Both legal and appointed heirs have the right to file this lawsuit. This means the plaintiffs may include the testator’s legal heirs or those designated in a will. However, if an heir is a minor, a guardian must be appointed. For heirs under guardianship, permission must be obtained from both the guardianship authority and the supervisory court.
The lawsuit is filed against the creditors of the estate and may be directed toward all estate creditors or just one of them. Unlike voluntary renunciation of inheritance, this lawsuit cannot be filed without a defendant; at least one creditor must be named as the opposing party. If the lawsuit is mistakenly filed without naming a creditor, the court will grant the plaintiff a certain period to correct this by specifying a creditor as the defendant.
Additionally, if a creditor transfers their claim to a third party, the statutory disclaimer of inheritance lawsuit must be directed against the new creditor. Since the determination of statutory disclaimer releases the heir from liability for inheritance debts, ensuring that the lawsuit is properly filed and directed at the correct parties is crucial.
HOW DOES THE COURT DETERMINE IF THE ESTATE IS INSOLVENT?
The determination of whether an estate is insolvent involves a detailed assessment of the testator’s assets and liabilities. This process is carried out by the court through inquiries made to various official institutions. The following entities serve as primary sources for identifying the estate’s assets (active elements) and liabilities (passive elements):
- Tax Office: Examines the testator’s tax debts and payments.
- Municipality: Investigates real estate holdings and local tax obligations.
- Traffic Registration Office: Checks for vehicle ownership and any outstanding debts related to the testator’s vehicles.
- General Directorate of Land Registry and Cadastre: Reviews property ownership and any existing mortgages.
- Banks: Assesses bank accounts, loan debts, and other financial transactions.
- Companies: Analyzes the testator’s business partnerships, outstanding company debts, and capital contributions.
- Intellectual Property Rights: Investigates whether the testator owned intellectual property rights and if these generated income.
The court evaluates the data collected from these institutions to determine whether the testator’s debts exceed their assets. After gathering all relevant evidence, the court renders its decision on whether the estate is deemed insolvent.
WHAT EVIDENCE IS USED IN A STATUTORY DISCLAIMER OF INHERITANCE LAWSUIT?
Various types of evidence can be used to prove that the testator was unable to pay their debts. While official documents are not strictly required, any relevant evidence may be considered valid. The following types of evidence can help establish the testator’s insolvency:
- Witness Statements: Testimonies from individuals familiar with the testator’s financial situation and debts.
- Tax Office Records: Documents confirming outstanding tax liabilities and the testator’s payment history.
- Enforcement Files: Debt enforcement proceedings initiated by creditors, indicating the inability to repay debts.
In these cases, the burden of proof lies with the plaintiff. This means that heirs requesting statutory disclaimer must provide sufficient evidence to demonstrate the testator’s financial insolvency.
EX OFFICIO INVESTIGATION IN A STATUTORY DISCLAIMER OF INHERTIANCE LAWSUIT
In a statutory disclaimer of inheritance lawsuitt, the court is obligated to conduct a comprehensive investigation to determine whether the estate is insolvent. This investigation must accurately assess the testator’s assets and liabilities as of the date of death. The court examines various factors, such as the testator’s place of residence and registered address, to identify all active and passive elements of the estate.
The scope of the investigation may include inquiries to the following institutions:
- Land Registry Offices: Information regarding the testator’s real estate properties and any existing mortgages.
- Tax Offices: Verification of tax debts, income status, and tax records.
- Banks: Examination of bank accounts, outstanding loans, and credit card debts.
- Social Security Institution (SGK – Bağkur, SSK, Pension Fund): Records of pension payments and social security debts.
- Municipal Authorities: Local law enforcement (zoning and municipal police) reports on the testator’s financial situation.
After completing these investigations, the court will evaluate all collected evidence to determine whether the estate is insolvent and issue a ruling on the statutory disclaimer request.
IMPORTANCE OF EXPERT REPORT IN A STATUTORY DISCLAIMER OF INHERITANCE LAWSUIT
In a statutory disclaimer of inheritance lawsuit, after conducting a comprehensive investigation into the testator’s financial status, an expert report is prepared. This report evaluates the solvency of the estate by assessing both assets and liabilities. The expert examines the testator’s property, debts, and financial records in detail to determine whether the estate is insolvent.
Parties involved in the case have the right to object to the expert report. If objections are raised, the court may review the objections and, if deemed necessary, request a new expert report to ensure a more objective and accurate assessment. The accuracy and reliability of the expert report are crucial, as it serves as a key piece of evidence in determining whether the statutory disclaimer is applicable.
STATUTE OF LIMITATIONS FOR STATUTORY DISCLAIMER OF INHERITANCE IN TURKEY
A statutory disclaimer lawsuit is not subject to a statute of limitations. This means that heirs are not bound by any specific time frame to file a lawsuit for statutory disclaimer. As long as it is established that the testator was insolvent at the time of death, heirs can initiate the lawsuit at any time.
This provision allows heirs to file for statutory disclaimer even if they become aware of the testator’s debts long after their passing. However, once heirs have explicitly or implicitly accepted the inheritance, they can no longer benefit from statutory disclaimer. Accepting the inheritance irrevocably makes the heirs responsible for the deceased’s debts.
SITUATION OF AN HEIR WHO ACCEPTS THE INHERITANCE AND STATUTORY DISCLAIMER DEFENSE
Heirs may accept the inheritance without knowing that the testator was insolvent, or they may be deemed to have implicitly accepted the inheritance. In such cases, the heirs can be unlimitedly responsible for the testator’s debts. To avoid this negative situation, it is crucial to file a statutory disclaimer of inheritance lawsuit to establish that the testator was insolvent at the time of death.
Even if the heirs have not obtained a formal ruling of statutory disclaimer, they can still raise the statutory disclaimer defense in lawsuits filed by the testator’s creditors. These defenses can be presented as objections in ongoing lawsuits and addressed as preliminary issues. In enforcement courts, statutory disclaimer defenses are typically handled as suspensive issues, meaning the court will decide on the matter before proceeding with the case.
DIFFERENCES BETWEEN STATUTORY DISCLAIMER OF INHERITANCE AND VOLUNTARY DISCLAIMER OF INHERITANCE
There are several key differences between the statutory disclaimer of inheritance and the voluntary disclaimer of inheritance, which play a significant role in the lawsuit process, timeframes, and consequences.
1. Lawsuit Process and Defendant Situation:
- Voluntary Disclaimer of Inheritance: Can be done without a lawsuit, and heirs can unilaterally reject the inheritance in Turkey. There is no need to file a lawsuit against any creditor or third party for the rejection to be valid.
- Statutory Disclaimer of Inheritance: Must be filed as a lawsuit, with the inheritance creditors as defendants. The lawsuit serves to protect the rights of the creditors, as the heir seeks to reject liability for the deceased’s debts.
2. Time Limitation:
- Statutory Disclaimer of Inheritance: There is no time limitation for filing this lawsuit. Heirs can file for a statutory disclaimer at any time, as long as the issue of insolvency (borca batıklık) of the testator is established.
- Voluntary Disclaimer of Inheritance: Has a time constraint of 3 months from the testator’s death. Heirs must reject the inheritance unilaterally within this period, without needing to provide any specific reason. Failure to do so results in an automatic acceptance of the inheritance.
3. Debt Liability and Related Conditions:
- Statutory Disclaimer of Inheritance: Requires evidence that the testator was financially unable to pay their debts at the time of death. If this condition is met, the heirs can reject the inheritance.
- Voluntary Disclaimer of Inheritance: Heirs who disclaim the inheritance in Turkey do not become liable for the testator’s debts. However, in the case of statutory disclaimer, if it is proven that the testator was insolvent, heirs may still be held liable for any value they have received from the inheritance in the past 5 years, despite rejecting the inheritance. This means heirs might be responsible for returning any value acquired during the distribution of the inheritance, even after rejecting it.
Voluntary Disclaimer of Inheritance is simpler and involves a direct and unilateral action by the heirs to reject the inheritance. Statutory Disclaimer of Inheritance, on the other hand, is a more complex process, requiring legal action and a focus on the protection of creditors’ rights and the testator’s insolvency.
WHERE IS THE INHERITANCE REJECTION FILED IN TURKEY?
The case for the voluntary rejection of inheritance is filed at the Civil Court of Peace in the deceased’s last place of residence. However, if the rejection of inheritance is judicially declared, the competent court is the one in the creditors’ place of residence at the time the lawsuit is filed, and the court of jurisdiction is the Civil Court of First Instance.
WHAT ARE THE CONSEQUENCES OF REJECTING AN INHERITANCE IN TURKEY?
Rejecting an inheritance in Turkey is a decision that is difficult to reverse and affects all heirs. When an heir rejects the inheritance in Turkey, the rejecting heir waives their inheritance rights and is no longer considered an heir. However, the decision to reject the inheritance can be reversed with the consent of all heirs, as inheritance rejection in Turkey is a legal act that affects the distribution of the estate and the rights of the heirs, and the consent of all heirs is crucial in this process.
What Happens After Rejecting The Inheritance In Turkey?
Renunciation of inheritance in Turkey means renouncing the assets left by the deceased. This implies that the person who rejects the inheritance will no longer own any of the assets from the deceased’s estate and the inheritance will be shared among the remaining heirs.
With the rejection of inheritance in Turkey, the rejecting person is freed from any debts, taxes, or obligations related to the estate. However, rejecting the inheritance also means waiving any potential income that could be gained by accepting the inheritance.
The most important consequence of waiving of inheritance rights in Turkey is the loss of the right to inherit. Inheritance rejection in Turkey retroactively takes effect from the opening of the inheritance. However, the rejection does not affect any bequests made by the deceased in favor of the rejecting heir. For example, a will/testament or insurance claim made in favor of the rejecting heir remains valid.
When a person waives the inheritance in Turkey, the distribution of the inheritance will be reorganized, and the share of the rejecting person will be redistributed among the remaining heirs. This means that the share of the rejected inheritance will be divided among the other heirs.
Furthermore, the person who disclaim the inheritance in Turkey cannot file lawsuits related to the deceased’s property, such as lawsuits for asset concealment or lawsuits for the cancellation and registration of deeds due to the abuse of power of attorney.
If the Inheritance is Rejected, To Whom Does The Inheritance Go?
Waiving the inheritance in Turkey only affects the heir who waives it. The share of the legal heir who waives the inheritance will pass to the other rightful heirs as if the waiving heir were not alive when the inheritance opened. The waiving heir cannot participate in the distribution of the inheritance and has no rights to the assets of the estate. The waiving heir is considered as if they were never an heir at the time of the decedent’s death, and the other heirs will step in their place in order.
The share of the heir who waives the inheritance passes to their descendants. The waiving heir is considered as if they had died before the decedent. If the decedent did not make a different arrangement regarding the share of the waiving heir, it will go to the decedent’s legal heirs.
What Happens if All Heirs Renounce the Inheritance in Turkey?
If all heirs renounce the inheritance in Turkey, the inheritance will be liquidated according to bankruptcy rules by the probate court. After the debts of the deceased are paid, if there is a remaining balance, this value will be distributed as if the heirs had not renounced the inheritance. In this case, the probate court will liquidate the inheritance according to bankruptcy rules. If a positive value remains after liquidation, it will be distributed to the heirs as if they had not renounced the inheritance in Turkey.
The legislator has accepted the principle that if all heirs in the first group renounce the inheritance in Turkey, their shares will pass to the surviving spouse. The legislator has also adopted the view that if all descendants renounce the inheritance, the surviving spouse, rather than the second group heirs, will benefit from this renunciation.
If there is a single heir, that sole heir or all the heirs, if there are multiple, may renounce the inheritance for the benefit of all subsequent heirs. This renunciation is an exception to the rule that the renunciation of inheritance is unconditional and without reservation. The person for whose benefit the renunciation of inheritance is made must declare within one month from the date the inheritance offer is made to them that they accept the inheritance.
What Happens if One of the Siblings Disclaims the Inheritance in Turkey?
If one of the siblings renounces the inheritance in Turkey, that sibling loses their right to inherit. In this case, the share of the sibling who disclaims the inheritance is divided equally among the remaining heirs. For example, if the deceased has two siblings and one of them renounces the inheritance, the share of the other sibling increases. If one of the siblings who has a 1/2 share of the inheritance renounces, the other sibling’s share will increase from 1/2 to 3/4.
If one of the siblings rejects the inheritance in Turkey, the inheritance will pass in the following order: the deceased’s descendants (children, grandchildren, etc.), the deceased’s surviving spouse, the deceased’s parents, the deceased’s siblings, the deceased’s grandparents, the deceased’s uncles and aunts, and the deceased’s cousins and in-laws.
Does the Child of the Person Who Disclaims the Inheritance Inherit in Turkey?
An important issue in inheritance renouncement cases in Turkey is whether the children of the person who dislaims the inheritance will inherit or not.
It must be noted that in inheritance renouncement cases, the person who disclaims the inheritance in Turkey is considered to have predeceased the deceased. Therefore, according to the law, the children of the person who dislaims the inheritance will inherit. In cases of renunciation, the inheritance passes to the next generation.
The only exception to the rule that the children of the person who rejects the inheritance in Turkey will inherit is when the entire line of descendants of the deceased renounces the inheritance. In this case, if all the deceased’s children also renounce the inheritance, the inheritance does not pass to the grandchildren. Thus, if all descendants reject the inheritance in Turkey, it does not go to the descendants but to other heirs.
In summary, in the case of rejection of inheritance in Turkey, the inheritance will pass to the children of the person who renounces the inheritance. However, there is one exception: if all of the deceased’s descendants disclaim the inheritance in Turkey, the inheritance will not pass to the grandchildren. Therefore, the stance of the deceased’s descendants is an important factor in inheritance waiver cases in Turkey.
CAN I REFUSE INHERITANCE IN TURKEY IF I HAVE DEBTS?
The question of whether someone with debts can refuse an inheritance in Turkey is a common one. Renouncing an inheritance can benefit other heirs, as the share of the person who renounces it will be redistributed among the remaining heirs.
If one of the heirs has significant debts and is unable to pay them, they may refuse the inheritance in Turkey to avoid causing financial harm to the other heirs. Heirs with debts often choose to renounce the inheritance to prevent creditors from seizing the deceased’s assets.
Although this situation may appear to be a fraudulent act, there is no legal barrier to a debtor heir rejecting the inheritance in Turkey. However, in such cases, the debtor heir may file a lawsuit to revoke the renunciation of inheritance and direct their claims toward the deceased’s estate.
Rejecting inheritance in Turkey can also provide a solution to the deceased’s debts or obligations. For example, if the deceased’s estate is burdened with a large amount of debt, and accepting the inheritance would leave the renouncing person in a difficult situation, renouncing the inheritance can help them avoid the burden of those debts.
IS IT POSSIBLE TO REVOKE A DISCLAIMER OF INHERITANCE IN TURKEY?
Generally, disclaiming an inheritance in Turkey is irreversible. Once heirs disclaim the inheritance, they cannot take back their decision, and the renounced inheritance will pass to the other heirs. However, in exceptional cases, the heir who has disclaimed the inheritance in Turkey may request the annulment of their renunciation. These exceptional cases include:
Mistake, Fraud, or Duress: The heir who rejected the inheritance in Turkey may claim they were mistaken, deceived, or coerced into renouncing. In such cases, the heir must prove their claims with evidence. If these claims are proven, the renunciation decision can be annulled.
Approval of Other Heirs: If the heir who rejected the inheritance wishes to revoke their decision, all other heirs must approve this request. If the other heirs agree to allow the renouncing heir to reverse their decision, the renunciation may be annulled.
If these conditions are met, the heir who rejected the inheritance in Turkey can file a lawsuit to reverse the decision and accept the inheritance. However, outside of these exceptional situations, the renunciation is final and cannot be undone.
WHAT IS A LAWSUIT FOR THE ANNULMENT OF INHERITANCE RENUNCIATION?
When an heir is heavily in debt, they may deliberately disclaim the inheritance to benefit other heirs rather than their own creditors. Malicious renunciation of inheritance refers to a situation where an heir disclaims the inheritance solely to harm their creditors. This typically occurs when the heir’s assets are insufficient to cover their debts, and they reject the inheritance to protect their assets from being used to pay their creditors. Although this action may be taken for various reasons, it is often done to avoid paying debts while preserving wealth.
To prevent such situations, Article 617 of the Turkish Civil Code allows creditors to file a lawsuit for the annulment of inheritance renunciation inTurkey. If creditors have not been provided with adequate security, they can file this lawsuit within six months from the date of renunciation. However, for the lawsuit to be valid, the debt must have existed at the time the inheritance was rejected.
The competent and authorized court for the annulment of inheritance renunciation cases is the civil court of first instance. The authorized court is the court in the last place of residence of the deceased.
According to Article 617 of the Turkish Civil Code, if the court decides to annul the renunciation of inheritance, the deceased’s estate is subjected to official liquidation. In this process, if the renouncing heir has a share in the inheritance, the claims of the creditors who initiated the lawsuit are paid first. However, if the heir’s share is insufficient to cover all creditor claims, it is distributed proportionally among the creditors based on their claims.
After the creditors who filed the lawsuit have been paid, if there is any remaining inheritance share, it is used to pay the claims of other creditors who did not file a lawsuit. If there is still any remaining value after this stage, and the renunciation is deemed valid, the remaining assets are distributed to the rightful heirs.
CAN FOREIGNERS REJECT INHERITANCE IN TURKEY?
Foreigners can reject inheritance in Turkey. However, the validity of this process depends on the applicable law of the foreigner and Turkey’s legal framework. Turkish inheritance law is regulated under the Turkish Civil Code, but foreigners must also consider International Private and Procedural Law (MÖHÜK) when rejecting inheritance in Turkey.
When a foreigner wishes to waive inheritance in Turkey, the first step is to determine which country’s law applies to them. MÖHÜK serves as the legal basis for this determination. If a foreign national has submitted a legally valid rejection of inheritance in their own country, the same rejection must be executed in Turkey within the required legal period.
Turkish courts assess the validity of a rejection of inheritance in Turkey under MÖHÜK regulations. If the rejection is declared within the legal deadline and meets the requirements of the foreigner’s national law, Turkish courts will recognize the rejection of inheritance in Turkey as valid.
In conclusion, foreigners can reject and waive from their inheritance rights in Turkey, but the process is subject to legal review and must comply with Turkish and international law. If a foreign national has properly rejected inheritance in their home country and has done so within the correct timeframe, the rejection of inheritance is also legally recognized in Turkey.
THE IMPORTANCE OF SEEKING LEGAL ASSISTANCE IN DISCLAIMER OF INHERITANCE IN TURKEY
Disclaiming inheritance in Turkey is a complex process that requires compliance with specific legal procedures. Therefore, obtaining legal assistance is highly important in inheritance rejection procedures.
Rejection of inheritance in Turkey can lead to different outcomes depending on the circumstances. For this reason, before proceeding with inheritance rejection, a thorough assessment of assets and debts should be conducted. The rejection should be filed within the legal timeframe and in accordance with the law at the competent court. Otherwise, if an inheritance disclaimer case is filed incorrectly and subsequently dismissed by the court, the statutory period for rejection will be missed, and the heir may unintentionally become responsible for all the debts of the deceased.
An inheritance lawyerin Turkey can assist in understanding the legal requirements of the inheritance waiving process, preparing the necessary documents for completion, and resolving any legal issues that may arise. Additionally, a lawyer can address and resolve legal challenges that may occur during the rejection of inheritance in Turkey.
Furthermore, a lawyer can advise their client on the consequences of inheritance rejection, helping them act in their best interests. Making a decision without fully understanding the legal implications of disclaiming an inheritance in Turkey may lead to financial losses for the heir in the future.
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