How to Reject an Inheritance? | Inheritance Lawyer | Lawyer in Izmir | Law Firm in Izmir
Under Turkish legislation, the rejection of inheritance can occur in two different ways. The first is the explicit rejection of the inheritance, and the second is the deemed rejection of the inheritance.
Explicit Renunciation of Inheritance
Who can renounce an inheritance?
Legal and appointed heirs may renounce the inheritance.TMK. 605) If a person lacks legal capacity to perform legal transactions, their legal representative may exercise this authority.
If an heir dies before exercising their right to renounce an inheritance, but before the renunciation period expires, the right to renounce passes to their heirs.
Period for Renouncing Inheritance
The inheritance can be renounced within three months. This period begins to run from the date on which legal heirs learn of the testator's death, unless it is proven that they learned of their heirship later; and for heirs appointed by will, from the date on which the testator's disposition is officially notified to them.
In the case of an inventory of the estate as a protective measure, the period for rejecting the inheritance begins for legal and appointed heirs when they are notified by the magistrate that the inventory process has been completed.
Form of Renunciation of Inheritance
- The rejection of an inheritance is done by the heirs through a verbal or written declaration to the civil court. Silence is not considered as the rejection of the inheritance.
- The rejection must be unconditional and without reservation. A person who rejects an inheritance cannot unilaterally retract this declaration after making it.
- The magistrate records the verbal or written refusal in a protocol.
- A declaration of renunciation made within the prescribed time limit is recorded in a special register by the magistrate's court of the place where the inheritance was opened, and if the heir who renounced the inheritance so requests, a document showing the renunciation is given to them.
- The procedures for keeping the minutes and register are regulated by a regulation issued by the President.
Consequences of Renouncing an Inheritance
If the heir who renounces the inheritance has done so within the prescribed time and in a valid manner, their connection to the estate is severed. The heir who has renounced the inheritance is treated as if they had died before the testator.TMK 611/f)
Liability in Case of Renunciation of Inheritance
- Heirs who renounce the inheritance of an insolvent testator shall be liable to the testator's creditors to the extent of the value of the debts they received from the testator within the five years preceding his death and which they would be obligated to return upon distribution of the inheritance.
- Ordinary education and training expenses, as well as customary dowry payments, are excluded from this responsibility.
- Heirs acting in good faith are only liable to the extent of their enrichment at the time of restitution.
Considered Rejected
TMK According to Article 605, if the testator's insolvency is clearly evident or established at the time of death, the inheritance is deemed to have been legally rejected.
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