Renunciation of inheritance, that is, the voluntary renunciation of the right to inherit, can be made with a renunciation agreement. Turkish Civil Code m. According to 528/1, the contract of disinheritance is the inheritance contract concluded between the inheritor and the prospective heir, which provides for the probable heir to completely or partially renounce his share of the inheritance in the future, with or without Decency.
528 of the Turkish Civil Code. In the Article “Renunciation of inheritance” the legislator; “The inheritor may conclude a contract of renunciation of inheritance with an heir for free or by providing a provision. The renouncer loses the title of inheritor.” defined by his statements.
Since inheritance contracts must be drawn up in the form of an official will to be valid, the parties to the contract inform the official officer of their wishes at the same time and sign the contract in front of the officer and two witnesses.
The prospective heir renounces not an existing right but an expected right and being an heir with the agreement of renunciation of inheritance.
Therefore, the renunciation agreement prevents the acquisition of the title of inheritance from the beginning. The contract of renunciation of inheritance is not a saving due to death from the point of view of the heir who renounces the right of inheritance, on the contrary, it is an inter-right legal transaction. However, from the point of view of the one who left a legacy, it is in the nature of saving due to death. The Decriminalization of inheritance can only be done by the inheritance contract, it cannot be the subject of a will, since it requires the existence of an agreement between the parties.
If the contract of renunciation of inheritance has been made deliberately, the lower lineage of the renouncing heir cannot also be the heir to the one who inherits, unless otherwise agreed. (TMK m. 528/3). On the other hand, unabashed renunciation does not affect the lower lineage; therefore, the lower lineage of the renouncer can obtain the title of inheritor. As a rule, in case of complete renunciation of the inheritance, the renouncer will not be responsible for the debts of the inheritor, as the heir will lose the title of inheritor. Likewise, the renouncer is not called to share the inheritance when the one who left the inheritance dies.
Renunciation of inheritance can be about the entire share, as well as for part of it. In partial renunciation, although the renouncer receives a smaller share of the inheritance or lacks the protection of the reserved share, since the title of inheritor continues, his personal and fiduciary responsibility for the debts of the inheritor together with other heirs continues.
The Right of the Waiver of Inheritance to Return
There are certain main rights of those who want to return from the inheritance waiver agreement.
The right of the person who renounces the inheritance to return from the inheritance is as follows;
If the hidden heirs of the renouncer appear, he may return from the inheritance in full instead of a new ivaz share.
If the people who want to receive the inheritance do not want to take the debts of the heir, the person who renounces the inheritance has the right to return.
In these two articles, people who renounce their inheritance have the right to return. People who do not want to borrow money on them or people who encounter new heirs with hidden shares can return from the inheritance.
The Right of the Inheritor to Return
In the contract of renunciation of inheritance, the people who have left an inheritance have the right to return from this contract.
The rights of people who have left an inheritance to return from inheritance are as follows;
The person who left an inheritance due to the existence of iskat reasons may return from the contract of renunciation of inheritance.
If the person who receives the inheritance exhibits attitudes such as removing the inheritance from the inheritance against the person who left the inheritance, the person who left the inheritance can return from the contract of renunciation of the inheritance.
In the content of the contract of renunciation of inheritance, the person who leaves the inheritance is given the right to a period from the contract whenever he wishes.
People who have left an inheritance that fulfills these articles can make a return from the contract of renunciation of inheritance.