Testator fraud occurs when a person, with the intent to deprive an heir of their inheritance rights, transfers real property registered in the land registry—even though they actually intend to make a gift—as if they had entered into a sales contract or a contract for support until death. The recipient of the transferred property may be a third party who is not an heir or another heir. It is not necessary to exclude specific heirs; it is sufficient to deprive any heir of their property.
The testator’s sham transaction is considered a qualified sham. Therefore, the sales contract is disregarded on the grounds of consent. The primary contract to be evaluated is the debt forgiveness agreement, which forms the basis of the transaction; however, since the debt forgiveness agreement is also a fundamental confidentiality agreement, it will be invalid due to a breach of form, as it was not formally executed in accordance with Article 288, Paragraph 2 of the Turkish Code of Obligations.
According to the accepted view based on Supreme Court decisions, the donation of a property that lacks a title deed but is legally considered real estate, through an agreement signed in the form of a sales contract, is legally valid. Therefore, in the sale of real estate without a title deed, the cancellation of the sale made through title transfer cannot be requested by the board of trustees.