What are the Types of Inheritance Waiver Agreements?
In the contract of renunciation of the unwise inheritance, the probable heir renounces the title of probable inheritance without receiving a provision for the health of the inheritor. The inheritor does not fall under a debt, he only accepts a waiver.
In the contract of renunciation of Ivazli inheritance, the heir renounces the inheritance as a result of a provision that he received while the one who left the inheritance was alive. The one who inherits goes under a debt. This loan can be money, movable or immovable property. Unless otherwise agreed in the case of an urgent renunciation, the sub-lineage of the renouncer is also considered to have renounced. Although it is not regulated in the law that a partial waiver can be made, it is not accepted by the doctrine. In this case, the inheritance adjective for a certain part of the inheritance is abandoned and the inheritance adjective continues for the rest of the part.
In the contract of renunciation of inheritance, the bequeathing is always the party. This contract cannot be concluded with the representative of the inheritor or another heir. It is a right that is firmly attached to the person. The other party to the contract of renunciation of inheritance is the renouncer. This person is the likely heir in the future. Legal or willful heirs may be parties. The legal heirs are the blood relatives of the inheritor, his wife, the adopted and adopted child and the state. Legal heirs also have the right to reserved shares. Willful heirs, on the other hand, are the heirs of the one who left an inheritance determined by his will through a will or positive inheritance contract.
In order for the inheritor to conclude a contract of disinheritance, he must be fully qualified, that is, he must be of age and have the power of discernment and not be restricted. The inheritor should be able to perceive the legal significance and consequences of the renunciation of the inheritance. The distinguishing power must be present at the time of the establishment of the contract. According to the case law of the Court of Cassation, the person who claims the absence of the power of appeal is obliged to prove it. The transaction made by the bequeathed person who does not have the power of appeal may be subject to cancellation proceedings by those who have an interest. Since there is no debt in terms of the waiver, the full driver’s license requirement is not required. If they are limited in their ability, they can conclude this agreement with the permission of the guardianship and supervision authority. This confirmation must be given no later than the death of the inheritor.
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