Acquisition of Inheritance
The acquisition of inheritance is regulated under Article 599 of the Turkish Civil Code No. 4721. In the relevant provision of the law;
Turkish Civil Code Article 599:
“Heirs acquire the inheritance as a whole, by operation of law, upon the death of the deceased.
Subject to the exceptions provided by law, heirs directly acquire the deceased’s real rights, receivables, other property rights, and possession of movable and immovable property, and they become personally liable for the deceased’s debts.
Appointed heirs also acquire the inheritance upon the death of the deceased. Legal heirs are obliged to deliver the inheritance falling to the appointed heirs to them in accordance with the provisions governing possession.”
It has been stated that the inheritance shall pass to the heirs as a whole upon the death of the deceased.
When the relevant legal provision is examined, it is seen that two fundamental principles are adopted in terms of inheritance law. These are the “principle of automatic acquisition” and the “principle of universal succession.” The principle of automatic acquisition refers to the acquisition of the inheritance by the heirs upon the death of the deceased without the need for any declaration of intent or legal transaction. The principle of universal succession, on the other hand, refers to the transfer of an entire estate, including both assets and liabilities, from one person to another through a single legal act. In accordance with the principle of universal succession, heirs assume not only the rights and receivables (assets) of the deceased but also the debts (liabilities), and they become liable for the debts of the deceased not only with the estate but also with their personal assets.
The automatic acquisition of inheritance together with its debts in accordance with the principle of universal succession may lead to severe consequences for heirs if the estate is over-indebted. For this reason, in order to protect heirs and prevent potential adverse consequences, the legislator regulated the institution of “Renunciation of Inheritance” under Articles 605 and following of the Turkish Civil Code. Through this regulation, heirs are granted the opportunity to be released from such liability if they renounce the inheritance in accordance with the procedures and conditions prescribed by law.
Renunciation of Inheritance
The institution of renunciation of inheritance is regulated under Articles 605–618 of the Turkish Civil Code. The relevant provisions state that legal and appointed heirs may renounce the inheritance, and that if the deceased’s insolvency at the time of death is clearly evident or officially determined, the inheritance shall be deemed to have been renounced (TCC Art. 605).
Turkish Civil Code Article 605:
Legal and appointed heirs may renounce the inheritance.
If the deceased’s insolvency at the time of death is clearly evident or officially determined, the inheritance shall be deemed to have been renounced.
As is clearly understood from the text of the law, heirs may renounce the inheritance in two ways. The first is the voluntary renunciation by legal or appointed heirs in accordance with their own will and intention (actual renunciation). The second is the situation in which the inheritance is deemed to have been renounced by operation of law if the deceased’s insolvency at the time of death is clearly evident or officially determined (statutory renunciation). In this article, the conditions of renunciation of inheritance (actual renunciation), legal time limits, annulment, and its place in practice will be discussed.
PROCEDURES AND CONDITIONS REGARDING RENUNCIATION OF INHERITANCE
Although the legislator has introduced the institution of renunciation of inheritance in order to protect heirs and prevent severe consequences that may arise, this right granted to heirs to renounce the inheritance is not absolute and is subject to certain procedures and conditions. These procedures and conditions are as follows:
1. Heirs must notify their declaration of renunciation of inheritance, unconditionally and without reservation, to the Civil Court of Peace at the deceased’s last place of residence:
The declaration of renunciation of inheritance is not subject to any formal requirement. It is sufficient for the heir to make an oral or written declaration. However, for the renunciation to be valid, it must be unconditional and without reservation.
The only exception to the requirement that the renunciation request be unconditional is the renunciation of inheritance in favor of subsequent heirs, regulated under Article 614 of the Turkish Civil Code.
Turkish Civil Code Article 614:
“When heirs renounce the inheritance, they may request, before the liquidation, that the heirs who follow them be asked whether they accept the inheritance. In this case, the renunciation shall be notified by the judge of the civil court of peace to the subsequent heirs; if they do not accept the inheritance within one month, they shall be deemed to have renounced it. Thereupon, the inheritance shall be liquidated in accordance with the provisions on bankruptcy, and the remaining values at the end of the liquidation shall be given to the prior heirs.”
2. The right to renounce inheritance granted to heirs is subject to a three-month period pursuant to Article 606 of the Turkish Civil Code.
This statutory period is a peremptory period. Therefore, an heir who does not renounce the inheritance within the legal time limit will be deemed to have acquired the inheritance unconditionally. (TCC Art. 610)
The starting date of this period is, for legal heirs, the date they learn of the death of the deceased unless it is proven that they learned of their status as heirs later; and for heirs appointed by will, the date on which the deceased’s disposition is officially notified to them. In the presence of important reasons, it is possible for the judge of the civil court of peace to extend the renunciation period granted to legal and appointed heirs or to grant a new period. (TCC Art. 615)
Turkish Civil Code Article 615:
“In the presence of important reasons, the judge of the civil court of peace may extend the period granted to legal and appointed heirs for renouncing the inheritance or may grant a new period.”
In cases where an inventory of the estate is prepared as a protective measure, the period for renouncing the inheritance for legal and appointed heirs begins upon notification by the judge of the civil court of peace that the inventory process has been completed. (TCC Art. 607)
Turkish Civil Code Article 607:
“In the event that an inventory of the estate is prepared as a protective measure, the period for renouncing the inheritance for legal and appointed heirs begins upon notification by the judge of the civil court of peace that the inventory process has been completed.”
If the heir dies before renouncing the inheritance, the right of renunciation passes to his or her own heirs. In this case, the renunciation period for the relevant heirs begins on the date they learn that the inheritance has passed to their deceased. However, this period does not expire before the expiry of the period granted to the heir for renouncing the inheritance transferred from their deceased. If, as a result of renunciation, the inheritance passes to persons who were not previously heirs, the period of renunciation for them begins on the date they learn that the previous heirs have renounced the inheritance. (TCC Art. 608)
3. Upon the exercise of this right, the status of heir also ceases to exist. Therefore, the heir who wishes to renounce the inheritance must have legal capacity to act. Since the declaration of renunciation requires legal capacity, the renunciation of inheritance for persons lacking or having limited legal capacity is subject to special procedures.
“…The plaintiff … requested, on his own behalf and in his capacity as guardian of …, the registration of the renunciation of inheritance.
The court decided to accept the case. The intervenor … appealed the judgment. It was determined that …, on whose behalf the renunciation of inheritance was requested, had been placed under legal restriction by the decision of the Civil Court of Peace numbered 2013/1361, and … had been appointed as his/her guardian. The acceptance or renunciation of inheritance or the conclusion of an inheritance agreement is subject to the permission of the supervisory authority after a decision has been obtained from the guardianship authority (Civil Code Art. 406/5, TCC Art. 463/5). Therefore, the guardian … must first obtain permission from the guardianship authority and the supervisory authority to file a lawsuit regarding the renunciation of inheritance; thereafter, evidence of the parties should be collected and a decision should be rendered accordingly…” (Court of Cassation 14th Civil Chamber, 2015/2336 E., 2015/5277 K., 11.05.2015).
“…According to Article 50 of the Code of Civil Procedure No. 6100, everyone who has the capacity to enjoy civil rights also has the capacity to be a party to a lawsuit. Pursuant to Article 51 of the same Code, the capacity to litigate is determined according to the capacity to exercise civil rights. Under Article 9 of the Turkish Civil Code, a person who has legal capacity can acquire rights and incur obligations through his/her own acts. According to Article 10 of the same Code, every adult who has the power of discernment and is not restricted has legal capacity. According to the decision of the Court of Cassation General Assembly of Civil Chambers dated 14.01.1976 and numbered 477/12, the capacity to be a party in a lawsuit is a consequence of the right to enjoy civil rights.
Upon examination of the information and documents in the file, it was determined that the deceased … died on 03.07.1976, and that the plaintiff …, born on 07.05.1957, was an adult on 27.08.1976—the date on which the determination of the renunciation of inheritance was requested—and also on the decision date of 27.01.1977; in other words, he/she had the capacity to be a party to the case. In the reasoned decision, it was stated that the lawsuit had been filed on behalf of the said plaintiff by his/her mother … and father … acting as legal guardians. Since it was not possible for the parents to file the lawsuit in the capacity of guardians on behalf of the plaintiff …, who was already an adult at the date of the lawsuit, and since it cannot be verified whether the reasoned decision was duly served on the plaintiff due to the destruction of the file, it cannot be said that the judgment dated 27.01.1977 concerning the deemed renunciation of inheritance became final with respect to the plaintiff who filed the appeal.
For this reason, accepting that the plaintiff …’s appeal request was filed within the time limit, it was decided to lift the additional decision of the court dated 25.02.2019 rejecting the appeal request…” (Court of Cassation 14th Civil Chamber, 2019/2332 E., 2021/3462 K., 25.05.2021).
Circumstances That Eliminate the Right of Renunciation
The right of heirs to renounce an inheritance is not absolute, and it may be nullified under certain circumstances. Article 610 of the Turkish Civil Code specifies the situations that eliminate the right of renunciation.
Turkish Civil Code, Article 610:
“An heir who does not renounce the inheritance within the legal period is deemed to have accepted it unconditionally. An heir who interferes with the estate’s affairs before the renunciation period expires, performs acts that are not part of the ordinary management of the estate or beyond what is necessary to execute the deceased’s affairs, or conceals or misappropriates estate assets, cannot renounce the inheritance. Filing a lawsuit or initiating compulsory enforcement to prevent the expiration of limitation or forfeiture periods does not eliminate the right of renunciation.”
As explicitly stated in the law, the three-month period granted to heirs to renounce the inheritance is a forfeiture period. If an heir does not renounce the inheritance within this period, they are deemed to have accepted it unconditionally. After the expiration of this three-month period, it is no longer possible to request renunciation. Similarly, an heir who interferes with the estate’s affairs before the expiration of the renunciation period, performs acts beyond ordinary management or necessary execution of the deceased’s affairs, or conceals or misappropriates estate assets cannot renounce the inheritance.
The 14th Civil Chamber of the Court of Cassation, in its decision dated 10.04.2017;
“…However, even if the estate is insolvent, an heir who interferes with the estate’s affairs, conceals estate assets, or appropriates them for themselves as described in Article 610/2 of the Turkish Civil Code cannot renounce the inheritance. The fact that the plaintiffs submitted the inheritance and transfer tax declaration after the death of the deceased in fulfillment of their legal obligations cannot be interpreted as acceptance of the inheritance. Evaluating this situation as grounds for dismissing the case and issuing a judgment on that basis is not correct.” (Case No: 2015/18340 E., 2017/2896 K.)
The decision emphasized that the submission of inheritance and transfer tax declarations does not constitute acceptance of the inheritance and therefore does not prevent the renunciation of the inheritance. Similarly, in its decision dated 07.12.2015, the 14th Civil Chamber of the Court of Cassation stated that an heir’s payment of a debt owed by the deceased under the pressure of attachment directed at themselves cannot be considered as interference with the estate’s affairs.
“…An heir who interferes with the estate’s affairs, conceals estate assets, or appropriates them for themselves, as described in Article 610/2 of the Turkish Civil Code, cannot renounce the inheritance. An heir’s payment of a debt belonging to the deceased under the pressure of attachment directed at themselves cannot be considered as interference with the estate’s affairs as specified in Article 610/2 of the Turkish Civil Code No. 4721.
Regarding the specific case: in the enforcement file numbered 2011/6713 of the Milas 2nd Enforcement Office, the creditor … initiated non-judicial enforcement proceedings for a debt of 1,368.97 TL against the deceased …’s heirs, including the plaintiff …; it was understood that the plaintiff … paid the debt under the threat of attachment directed at themselves, thereby closing the enforcement proceedings. Considering that the plaintiff paid the debt under the pressure and threat of attachment directed at themselves, it was not proper to characterize this payment as interference with the estate’s affairs…” (Case No: 2015/15197 E., 2015/11275 K.)
Similarly, in the decision of the General Assembly of Civil Law dated 22.09.2010, it was stated that lawsuits filed for the determination of the estate do not constitute acceptance of the inheritance and cannot be evaluated within the framework of Article 610 of the Turkish Civil Code. (General Assembly of Civil Law, 2010/379 E., 2010/413 K.)
RELEVANT SUPREME COURT DECISIONS
“…In the concrete case; at the preliminary hearing dated 13.11.2012, the plaintiff’s attorney was given a two-week period to indicate the location of the vehicles registered in the name of the deceased. In the petition dated 22.11.2012, the plaintiff’s attorney stated that all vehicles registered in the name of the deceased were scrap and had been sold piece by piece as scrap, and therefore it was not possible to indicate their location. Since it was understood from this petition that the plaintiff had taken possession of the estate, the case should have been dismissed pursuant to Article 610/2 of the Turkish Civil Code (TMK), and the court’s decision to accept the case with written reasoning was deemed incorrect…” (Supreme Court, 14th Civil Chamber, 2016/3693 E., 2018/8305 K., 27.11.2018)
“…Article 610/2 of the Turkish Civil Code (TMK) states: ‘An heir who, before the expiration of the renunciation period, interferes with estate transactions, engages in acts beyond the ordinary management of the estate or beyond what is necessary for the administration of the deceased’s affairs, or conceals or appropriates estate property, cannot renounce the inheritance.’
In the concrete case; on page 551 of the 826th issue of the … Registry Gazette dated 14.03.2012, it was announced that at the general partners’ meeting of … İnş. Pet. Nak. Tur. San. Tic. Ltd. Şti dated 06.03.2012, the shares of the deceased … were transferred to the plaintiffs as heirs, and a decision was made regarding the completion of the company’s liquidation and its dissolution. Since it is understood from this transaction that the plaintiffs have taken possession of the estate, the case should have been dismissed pursuant to Article 610/2 of the TMK. Therefore, the court’s decision to accept the case with written reasoning is not correct…” (Supreme Court, 14th Civil Chamber, 2016/8851 E., 2019/3003 K., 02.04.2019)
Consequences of Renunciation of Inheritance
Inheritance can be renounced either by all heirs or by only some of them. The consequences of renunciation depend on whether part or all of the heirs renounce the inheritance. The possible outcomes in case of renunciation are as follows:
1-Renunciation by one of the legal heirs: If one of the legal heirs renounces the inheritance, the share of the renouncing heir passes to the rightful beneficiaries as if the heir had not survived at the time the inheritance opened. If the renouncing heir is an appointed heir, their share passes to the closest legal heir of the deceased unless it is clear from the deceased’s testamentary disposition that they intended otherwise.
2-Renunciation by all closest legal heirs: If the inheritance is renounced by all the closest legal heirs, the estate is liquidated by the civil court according to bankruptcy provisions. After liquidation, the remaining assets are distributed to the beneficiaries as if no renunciation had occurred.
3-Renunciation by all descendants: If all descendants renounce the inheritance, their shares pass to the surviving spouse.
4-Renunciation in favor of subsequent heirs: While renouncing the inheritance, heirs may request that it be asked whether the subsequent heirs will accept the inheritance before liquidation. In this case, the renunciation is communicated to the subsequent heirs by the civil judge; if they do not accept the inheritance within one month, it is considered renounced. The estate is then liquidated according to bankruptcy rules, and the remaining assets are returned to the prior heirs.
5-Renunciation of a will: If a legatee renounces a will, the obligor of the will benefits from this renunciation unless it is clear from the testator’s disposition that a different intention was intended.
Liability in Case of Inheritance Renunciation
According to Article 618 of the Turkish Civil Code (TCC); heirs who renounce the inheritance are liable to the creditors of the deceased to the extent of the value of what they received from the deceased within five years prior to the deceased’s death, if the deceased was insolvent, and which they would be obliged to return during the distribution of the inheritance.
Turkish Civil Code, Article 618:
*”Heirs who renounce the inheritance of a deceased who is insolvent are liable to the deceased’s creditors to the extent of the value of what they received from the deceased within five years prior to the deceased’s death, and which they would be obliged to return during the division of the inheritance.
Ordinary education and training expenses, as well as customary dowries, are excluded from this liability.
Heirs acting in good faith are liable only to the extent of the enrichment they have gained at the time of restitution.”*
This liability arises under the following circumstances:
- The inheritance must have been opened, and the heir must have renounced the inheritance within the legal period.
- At the time the inheritance is opened, the deceased must have been insolvent.
- The heir who renounces the inheritance must have received a benefit within the last five years before the deceased’s death, which they would be obliged to return.
PROTECTION OF CREDITORS
If the estate is insolvent, it is clear that this can have serious consequences for the heirs. The institution of renunciation of inheritance provides heirs with the opportunity to avoid these heavy consequences; under the relevant regulation, creditors are prevented from asserting claims against heirs who have renounced the inheritance for their rights and receivables. However, this right granted to heirs must be exercised in accordance with the rules of good faith. Indeed, the legislator has not made this right absolute; under Article 617 of the Turkish Civil Code (TCC), it is stated that heirs who abuse this right—for example, to prevent creditors from collecting their debts—may have their renunciation of inheritance annulled. The relevant legal provision states:
Turkish Civil Code, Article 617: “If an heir whose estate is insufficient to cover debts renounces the inheritance in order to harm creditors, the creditors or the bankruptcy administration may file a lawsuit for the annulment of the renunciation within six months from the date of renunciation, provided that they have not been given sufficient security.”
If the annulment of the renunciation is decided, the inheritance is formally liquidated.
If any portion of the liquidated inheritance falls to the share of the heir who renounced it, first the claims of the objecting creditors are satisfied, followed by the claims of the other creditors. Any remaining assets are then distributed to the heirs who would have benefited from the inheritance had the renunciation been valid.
Under the law; if an heir renounces the inheritance solely to prevent their own creditor from collecting a debt, the creditor is granted the right to request the annulment of the renunciation within six months. The legally prescribed six-month period is a forfeiture period, and its starting date is counted from the date the heir renounced the inheritance and this renunciation was recorded in the special registry. The competent court for such matters is the Civil Court of First Instance.
“…In the case at hand, although the defendant heir submitted a declaration of renunciation of the inheritance on 07.03.2018, the decision regarding the determination and registration of the renunciation was issued on 21.06.2018. Likewise, the decision dated 21.06.2018 ordered that “…in accordance with Articles 609 of the Turkish Civil Code (TMK) and Article 39 of the Regulation, the renunciation declaration be recorded in the special registry…”.
According to the publicity principle in Article 28 of Code No. 6100, a declaration of renunciation cannot acquire public effect unless the court has decided on the determination and registration of the renunciation in the special registry. Indeed, in the Constitutional Court’s decision numbered 2013/148 Esas, 2014/62 Karar, it was stated that under the system of Law No. 4721, the “date of renunciation” is recorded in the minutes upon the renunciation declaration reaching the peace judge and registered in the special registry, thus enabling creditors to immediately learn about the renunciation. Creditors can also obtain knowledge of the renunciation through procedures before the peace court. Accordingly, under the system of Law No. 4721, the possibility for a creditor to be aware of the renunciation arises only when it is recorded in the registry.
Considering all these explanations, it was incorrect to base the rejection of the case on the statute of limitations argument by taking the date of filing the renunciation lawsuit as the starting point, without considering that the six-month statutory period under Article 617 of Law No. 4721 begins from the date the renunciation is registered in the special registry. For this reason, the judgment needed to be overturned…” (Court of Cassation, 7th Civil Chamber, 2024/3306 E., 2025/1660 K., 25.03.2025)
COMPETENT AND AUTHORIZED COURT
The request for renunciation of inheritance can be made by the heir, either orally or in writing, at the Civil Court of Peace in the place where the inheritance has opened. This jurisdiction is exclusive, and the competent and authorized court is the Civil Court of Peace in the decedent’s last place of residence.
OTHER RELATED DECISIONS
“…The case concerns a request for the renunciation of inheritance. The Ankara 3rd Civil Court of Peace ruled a lack of jurisdiction on the grounds that, according to the deceased’s population records and law enforcement investigation, the deceased’s place of residence prior to death was “Gümbet Mah. … Street No:… … No:3 …/…”. The Bodrum 2nd Civil Court of Peace also ruled lack of jurisdiction, stating that there is no rule of exclusive jurisdiction in the dispute. The case is an “inheritance renunciation” action aimed at determining that the inheritance, opened upon the death of the decedent, has been unconditionally and entirely renounced. (Article 605 of the Turkish Civil Code) This case must be heard in the Civil Court of Peace at the deceased’s last place of residence before death. According to the address-based population registration system and the law enforcement investigation dated 16.09.2015, the deceased’s last place of residence before death was determined as “… Mah. … Street No:…… No:3…/…”. Accordingly, the dispute should be heard and resolved by the Bodrum 2nd Civil Court of Peace…” (Court of Cassation, 20th Civil Chamber, 2016/1003 E., 2016/3179 K., 14.03.2016)
“…The plaintiffs requested the annulment and registration based on the alleged collusion of the decedent, and in the event that this request is not accepted, a reduction claim, along with the determination and registration of the renunciation of the inheritance, asserting that the decision of the Ereğli Civil Court of Peace dated 13.03.2008 was misleadingly acted upon by the defendants. It is observed that the decedent passed away on 26.12.2007, and all the closest legal heirs, including the spouse G., renounced the inheritance, and that the Ereğli Civil Court of Peace decided on 13.03.2008 to record and register the renunciation. By renouncing the inheritance, heirs lose their status as heirs as of the date the inheritance opens. For the plaintiffs’ case regarding annulment and registration based on the alleged collusion of the decedent, or the reduction claim if the annulment is not accepted, to be heard, they must have heir status. Unless the decision on the renunciation of inheritance, which removes heir status, is annulled, examining this request is legally impossible. Therefore, it is not possible to hear together the annulment of the renunciation decision and the case based on “annulment and registration due to collusion of the decedent, or reduction if not accepted” relying on heir status. The latter can only be considered if the renunciation decision is annulled. Accordingly, the request for annulment of the renunciation decision should be separated from the other case, recorded as a separate matter, and the other case should be stayed pending the outcome of the annulment case. Action in this manner is necessary because the request for annulment is based on an allegation of willful deception (misrepresentation), requiring collection of evidence from the parties, prioritizing the conclusion of the annulment case, and only if it is resolved positively, the other case can proceed. Issuing a judgment without following this procedure is incorrect…” (Court of Cassation, 2nd Civil Chamber, 2012/25818 E., 2013/18949 K., 04.07.2013)
“…The plaintiff’s attorney submitted a power of attorney numbered 01853 and dated 11.02.2016, granting the plaintiff … the authority to renounce the inheritance. Pursuant to Article 39/2 of the Regulation on the Implementation of Custody, Guardianship, and Inheritance Provisions of the Turkish Civil Code (TCC), it is mandatory to submit a special power of attorney specifically granting the authority to renounce the inheritance. Since no power of attorney granting plaintiff … the authority to renounce the inheritance was found in the file, our Chamber decided on 14.11.2016 to return the file to the originating court. However, it was later determined that the submitted power of attorney belonged not to plaintiff … but to … . Consequently, as the instructions of the return decisions dated 14.11.2016 and 17.12.2015 had not been fulfilled, in order to prevent further correspondence, it was decided that the return decision should be carefully read, the special power of attorney of … should be obtained from the concerned party, the consequences of failing to comply should be reminded in the notification, and the file should then be sent back to our Chamber. The Chamber decided unanimously on 02.05.2017 to RETURN THE FILE TO THE ORIGINATING COURT…” (Court of Cassation, 14th Civil Chamber, 2017/1006 E., 2017/3586 K., 02.05.2017)
“…The plaintiffs stated that their minor child, born on 22.10.2013, had the grandfather … who passed away on 18.12.2013, and that a case was filed for the renunciation of the inheritance of the decedent in the 5th Civil Court of Peace under file number 2014/455. They requested and filed a suit seeking authorization and permission to renounce the inheritance on behalf of the minor … in the inheritance renunciation case. The court ruled that “considering the order of inheritance, the minor has a father and grandmother between him and the decedent, both of whom are alive, and the minor is neither a legal nor an appointed heir of the decedent,” and therefore decided that there was no need to adjudicate on the merits of the case seeking authorization to renounce the inheritance on behalf of the minor. This ruling was appealed by the plaintiffs.
Upon reviewing the 2014/455 file of the 5th Civil Court of Peace regarding the renunciation of the inheritance, it was understood that the father …, grandmother …, and plaintiffs acting on behalf of the minor … all sought to renounce the inheritance, and that the court had granted a period for obtaining authorization and permission for actions concerning the minor …. According to Article 426/2 of the Turkish Civil Code No. 4721, if the interest of a legal representative conflicts with the interest of a minor or legally incapacitated person in a matter, a guardian must be appointed either at the request of the guardianship authority or ex officio. In an inheritance renunciation case, the legal interest of the plaintiffs conflicts with the legal interest of the minor. Given that this aspect was not considered and the decision was made based on an incorrect assessment, the ruling was deemed incorrect and required reversal…” (Court of Cassation, 2nd Civil Chamber, 2016/8868 E., 2016/11802 K., 16.06.2016)
“…The request relates to the issuance of a certificate of inheritance. The requesting attorney, based on the authorization obtained in file 2015/259 of the 20th Civil Court of Peace of Istanbul Anatolia, stated that the decedent … had passed away and requested the issuance of an inheritance certificate for the decedent. The court ruled that since the decedent’s spouse … and children … and … had renounced the inheritance, the decedent’s estate belonged to the decedent’s grandchildren … and …. The attorney filed an appeal against the ruling.
According to Article 612 of the Turkish Civil Code (TMK), an inheritance renounced by all closest legal heirs is liquidated under bankruptcy provisions. In this legal situation, there is no heir available to take possession of the estate, and the estate is subject to automatic liquidation under the bankruptcy rules. Requesting a certificate of inheritance only serves to acknowledge a factual event and establish the lineage relationship between the parties. The renunciation of the inheritance by a relevant heir does not completely sever their relationship with the estate. The renunciation does not prevent the person from requesting a certificate of inheritance nor does it eliminate their status as an heir.
Therefore, if one or more heirs have renounced the inheritance, these facts should not be ignored. The certificate of inheritance should be issued showing all heirs and their respective shares, while also noting which heirs have renounced their inheritance and that the legal consequences of such renunciations will be considered during the distribution of the estate.
In the present case, according to the decedent’s population registry in the file, the legal heirs are the spouse … and children … and …. The renunciation of inheritance by the legal heirs does not terminate the inheritance relationship with the decedent. In cases where all closest heirs renounce the inheritance, the estate should be liquidated ex officio, and any remaining assets should be distributed by law to those who did not renounce the inheritance (TMK 612). However, in the ruling, it was not stated that the share of the renouncing daughter … would pass to her daughter …, which was incorrect and required reversal…” (Court of Cassation, 14th Civil Chamber, 2016/16562 E., 2020/6459 K., 20.10.2020)
Lawyer. Gökhan AKGÜL & Lawyer. Yasemin ERAK
ANTALYA INHERITANCE LAWYER – ANTALYA INHERITANCE LAW ATTORNEY
Refusal of inheritance is an important process that prevents the debts of the deceased from passing on to the heirs and must be conducted carefully due to its legal consequences. Especially in cases of insolvent estates, it is mandatory to carry out the process within the statutory period and in accordance with proper procedures to avoid any loss of rights. At this point, an experienced inheritance law attorney plays a crucial role in filing the inheritance refusal lawsuit, submitting applications to the civil courts of peace, monitoring statutory deadlines, and preventing potential legal risks.
Since incorrect or late actions may result in the implied acceptance of the inheritance, obtaining professional support from an attorney specialized in inheritance law is the most reliable approach to ensure the financial and legal security of the heirs. You can reach out to our law office in Antalya, where our team of expert and experienced attorneys provides support in inheritance law and all kinds of legal processes, through the contact section.
