What is the Actual Renunciation of Inheritance?
Article 609 of the Turkish Civil Code grants heirs the discretion to renounce their inheritance. If they have reached the age of majority, they may submit a written or oral statement to the Conciliation Court renouncing their inheritance, thereby rejecting the inheritance declaration. For heirs to exercise this right, the deceased must have passed away and the inheritance must have been transferred. This declaration of refusal is not subject to any formal requirements. It is sufficient to notify the court in writing or orally.
To renounce the inheritance, the heir must have a valid driver’s license. This is because, with the declaration of renunciation, the heir is released from liability for debts, but at the same time, the right to be an heir is also extinguished. The declaration of renunciation may also be made by a specially authorized representative. The declaration of refusal by a fully competent person is made by their legal representative. For those under guardianship, in addition to the guardianship declaration, the permission of the magistrate’s court or the district court is also required (Civil Code Article 463).
Those without limited capacity may make the declaration of refusal themselves or through their legal representative with the approval of the legal representative. The declaration of refusal by drivers with limited capacity who have been assigned a legal advisor is considered valid, as in the case of drivers with full capacity. In the community property regime, one spouse cannot refuse a product that will become part of the community property without the consent of the other spouse, nor can they accept it if the property belongs to the debtor (CC Art. 225).
The declaration of renunciation must be unconditional and without reservation (Civil Code Art. 609). Otherwise, a conditional or qualified declaration of renunciation will be invalid, and the heir will inherit the estate. The exception to this is the renunciation of the estate in favor of subsequent heirs, as provided for in Civil Code Art. 614. Heirs who renounce the inheritance may request that the heirs following them be invited to accept or renounce the inheritance before the official liquidation of the estate.
After this request, the renunciation is officially notified to these heirs. If the heirs do not accept the inheritance within one month, the inheritance is deemed to have been rejected by them, and the inheritance is liquidated according to bankruptcy provisions (TMK Article 614).
How is the Inheritance Rejected?
The heir may renounce the inheritance by submitting a written or oral statement to the Peace Court of the deceased’s last place of residence (TMK Art. 609). This statement of renunciation must be unconditional and unreserved, covering the entire inheritance. The inheritance cannot be renounced partially. Otherwise, the heir acquires the inheritance.
If the inheritance rejection lawsuit was not filed as a result of error, fraud, or threat, it is not possible to unilaterally withdraw the rejection statement after it has been registered by the Criminal Court of Peace. If the heir files the rejection statement as a result of error, fraud, or threat, an application may be made for the cancellation of the rejection lawsuit.
When Should the Inheritance Be Rejected?
The law provides for a three-month period for renouncing an inheritance. Accordingly, the heir must file a lawsuit to renounce the inheritance within three months of the death or of learning that they are an heir. This request for renunciation is registered without being subject to the discretion of the Justice of the Peace.
The inheritance can be renounced within three months. Unless the legal heirs prove that they learned of their status as heirs later, this period begins for appointed heirs on the date of the decedent’s death or on the date they are officially notified (TMK. m. 606). Inheritance not renounced within this period is deemed accepted.
If the official register is kept for a different period, the period for renunciation is set at one month (TMK. m. 626). At the end of the register review period, the heir must declare that they renounce the inheritance, request official liquidation, or accept it according to the register or unconditionally. However, in necessary cases, the judge may grant an additional period (TMK. 626). This begins with the notification of the summons to the heirs by the Peace Court, which keeps the estate register for one month, to appear in court to announce its decisions regarding the estate (TMK m. 626).
The periods for renouncing the inheritance commence as follows:
For Legal Heirs: For legal heirs, this period generally begins when the heir learns of the death (TMK Art. 606). If the status of heir is learned later, that date is considered the starting point.If a legal heir is excluded from inheritance due to death, the period for renunciation begins when the heir learns that this inheritance has been revoked.
For Appointed Heirs: The period for renunciation for appointed heirs is three months (TMK m.606). This period is ensured by the Peace Court officially opening the will and notifying the heirs. For heirs appointed by inheritance contract, this period works the same as for legal heirs. If a third party is appointed by this contract, it begins with notification, as in the will.
Registration of the Term as a Protective Measure: If the term is written as a protective measure, the period for renouncing the inheritance begins when the writing is notified to the legal and appointed heirs by the justice of the peace (TMK m.607).
Transfer of the Right of Renunciation to Subsequent Heirs:
The right of renunciation of an heir who dies without renouncing the inheritance passes to their own heirs (TMK m.608). In this case, the heir who replaces the deceased heir has two rights of renunciation. This heir has the right to renounce the inheritance left to them by their own testator, as well as the inheritance left to them by their testator. The heir may renounce both inheritances or only the inheritance left to them by their predecessor.
However, the heir cannot renounce the inheritance left by their predecessor and accept the inheritance left by their predecessor. This is because the first inheritance is deducted from the inheritance of the spouse who died without renouncing the inheritance.
Extension of the Period and Granting of a New Period:
If there are important reasons, the conciliation judge may extend the period for renunciation granted to legal and appointed heirs or grant a new period (TMK Art. 615). For this, there must be a valid reason and request. Renunciation or
To Which Court is the Declaration of Inheritance Submitted?
The request to renounce the inheritance is submitted to the Conciliation Court where the inheritance will be opened. This court is the court of the deceased’s place of residence. The declaration of refusal is recorded in the court’s special register by the Peace Court where the inheritance will be opened (TMK m. 609). Upon request, the heir who requests the refusal of the inheritance is given a document stating that they have refused the inheritance (TMK m. 609).
Can the Declaration of Refusal of Inheritance be Cancelled?
As a rule, it is not possible to retract the renunciation of inheritance after it has been made. However, under Articles 23 et seq. of the Code of Obligations, if the heir made the declaration of renunciation as a result of error, fraud, or intimidation within the scope of the inheritance, a request may be made for the cancellation of the renunciation. The heir shall pursue the cancellation of the declaration of renunciation through legal action.
Does the Right to Disclaim an Inheritance Lapse?
If the heir does not disclaim the inheritance within the statutory period, they acquire the inheritance unconditionally (Turkish Civil Code, Article 610). An heir who, before the expiration of this period, engages in the administration of the estate as an heir, performs acts of administration outside the ordinary course of administration, or conceals or appropriates the estate property, can no longer disclaim the inheritance. The heir’s right to renounce is subject to the following conditions:
Expiration of the three-month rejection period (TMK Art. 606).
An heir who wishes to accept the rejection of inheritance may make a written or oral statement to the Peace Court of the last place of residence of the deceased and send this statement to the relevant parties (heirs, beneficiaries of the will, creditors of the estate). If one of the heirs interferes with the affairs of the heir by performing tasks that are not part of the normal administration of the estate and are not necessary for the conduct of the deceased’s affairs, the heir is deemed to have tacitly accepted the inheritance, and the heir’s right to renounce the inheritance expires (TMK Art. 610).
Whether these actions are normal is determined based on the nature of the action.
Filing a lawsuit or resorting to compulsory enforcement to prevent the statute of limitations and forfeiture periods from expiring does not eliminate the right of refusal (TMK m. 610/ll). Since the purpose here is to protect the interests of the owner of the estate, even if the heir has interfered with the land registry affairs, the right of refusal does not cease to exist. Again, according to the Court of Cassation, obtaining an inheritance certificate cannot be considered interference in the estate affairs, and this action does not imply tacit acceptance of the inheritance.
The granting of a widow’s or orphan’s pension by the social security institution cannot be considered interference in the estate’s affairs. Receiving a widow’s or orphan’s pension does not lead to a restriction of the right of renunciation. The Court of Cassation has stated that compensation for “loss of alimony” is independent of the status of heir and that the renunciation of the inheritance does not preclude this claim for compensation.
The involvement of heirs in land registry matters will be assessed by the judge based on the specific circumstances of the case, namely the nature of the heir’s involvement with the land registry. This will determine whether there is implied acceptance.
If one of the heirs conceals or hides property belonging to the estate within the period of renunciation, the heir’s right of renunciation is reduced and the heir is deemed to have accepted the inheritance (TMK Art. 610). The person committing this act must be aware that they are an heir and must act intentionally.