When the inheritance is rejected, the inheritor cannot gain the title of inheritor from the death of the inheritor. For this reason, the rejection of the inheritance effectively results in the past. The legal regulation on this is TMK m. it is found in articles 611- 613. In accordance with these articles, we can list the consequences of the refusal of inheritance as follows:
If one of the legal heirs refuses the inheritance, his share passes to the rightful owners, as if he were not right when the inheritance was opened.
If one of the appointed heirs refuses; his share remains to the nearest legal heirs of the inheritor, unless it is understood that the desire of the inheritor due to the death savings of the inheritor is otherwise.
The inheritance, which is rejected by all the closest legal heirs, is liquidated by the magistrate’s court according to the provisions of bankruptcy. At the end of the liquidation, the remaining values are given to the rightful owners as if they had not refused the inheritance.
If all the descendants refuse the inheritance, their share passes to the surviving spouse.
REFUSAL CANCELLATION OF INHERITANCE
In order to protect the receivables of the heir, a regulation has been made regarding the cancellation of the refusal of the inheritance in the law. In some cases, the refusal of the legal heir who refuses the inheritance can be canceled. TMK m. in accordance with 617:
If an heir whose assets are not sufficient for his debt refuses the inheritance in order to harm his creditors, his creditors or the bankruptcy administration may file a lawsuit about the cancellation of the refusal within six months starting from the date of refusal, if they are not provided with sufficient assurance.
If it is decided to cancel the refusal, the inheritance is officially liquidated.
If something falls to the share of the heir who refuses the inheritance liquidated in this way, the receivables of the objecting creditors first and then the other creditors are paid from this. The remaining values, on the other hand, are given to the heirs who would have benefited from it if the refusal had been valid.
Creditors of the heir who refuses the inheritance may file a lawsuit for cancellation of the refusal within a 6-month period if they believe that the heir, whose assets are not sufficient for the debt, refuses the inheritance in order to harm them. This period is the right reduction period and then the lawsuit will not be filed. The court in charge of the annulment case is the Civil Court of First Instance.
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