Disinheritance is a legal concept that expresses a provision in the presence of reasons written in the law without the need for the inheritor to make a transaction or make a declaration, which leads to the conclusion that the person loses the title of being the heir or the creditor of the will. The consequence of this legal situation is death and spontaneous. There is no need for the judge’s determination.
WHAT ARE THE REASONS FOR DISINHERITANCE?
Turkish Civil Code m.It has been ruled that the persons listed in Article 578 cannot be heirs, that they cannot qualify with savings due to death, and that their deprivation will disappear only as a result of the forgiveness of the one who left the inheritance. Disinheritance Tmk 578.the article is also edited. In the old civil code, it was regulated that deprivation would not be lifted with amnesty, while in the current situation, it was accepted that forgiveness would lift deprivation. TMK m.the reasons for deprivation of inheritance determined by counting in 578 are;
Intentionally and unlawfully killing or attempting to kill the inheritor,
Deliberately and unlawfully making the inheritor permanently unable to make savings due to death,
To provide and prevent the bequestee from making a saving due to death or returning from such a saving through deception, coercion or intimidation,
To intentionally and unlawfully eliminate or disrupt a saving due to death in a situation and time when the bequestee can no longer redo it.
WHO DOES DISINHERITANCE AFFECT?
The issue of whom the state of disinheritance will affect is TMK m.According to 579/1, it is regulated that only the deprived person will have a ruling, that the deprived person will not affect his descendants, and that the inheritance of the descendants will continue. Of course, the ancestry mentioned here applies to cases where the disinherited is the descendant of the inheritor. For the descendants of the willful heirs, the situation is the opposite and it can be said that they are also negatively affected by deprivation. In short, the inheritance right lost by the disinherited is transferred to the legal heirs, but in case of deprivation of the appointed heirs and those who have established property in their favor, their descendants are not granted the right of inheritance. If the legal heir deprived of the inheritance does not have a child, the person’s share returns to the Decedent and is divided among those who inherit as if there was no such heir. The consequences of disinheritance are significant in this regard. It causes material and moral losses.
WHAT SHOULD BE DONE TO IMPLEMENT THE PROVISIONS ON DISINHERITANCE?
Turkish Civil Code m.it has been ruled that a person will be deprived of inheritance if the reasons specified in Article 578 exist, and it is clearly stated in the same article that there is no need for any court ruling or explanation of the will savings of the inheritor for the implementation of this state of deprivation. If one of the reasons listed in the article is realized, the person will be deprived of the inheritance without needing anything else. Only if he is forgiven, the deprivation will disappear. In cases of strife between the heirs, those who have benefits may request identification, and this identification may be positive.
WHO ARE THE OTHER HEIRS AFFECTED BY DISINHERITANCE?
If the heir removed from the inheritance does not have a child, in this case, the heirs other than this child and his wife are affected by the deprivation in question. Just as in iskat, the share of inheritance belonging to the one who is deprived of the inheritance is divided to his heirs in the same group, if he is the only heir in the group, he passes to his lower group. Disinheritance affects only the deprived. The explanation of this situation, which is personal, already means that it only has consequences for the individual who has been deprived of inheritance; it does not affect the descendants. It is worth repeating that the aforementioned descendants are the legal descendants of the person. Because TMK m.It is also clearly understood in the provision of 579/2 that the justification of the article is that it will not make provision for legal heirs other than the person. This provision, which covers not only the loss of rights of legal heirs, will not be applied to designated heirs and those who have been bequeathed property in their favor.
In the event of the death of the designated heir or will creditor before the inheritor, the inheritance rights fall. The descendants of these people cannot claim any right by claiming succession in the terakda. However, for legal heirs, this situation is permanent in reverse.
If the persons affected by disinheritance are to be counted;
All heirs of the disinherited person (including the subordinate)
All heirs of the deprived testamentary creditor (including the subordinate)
They are all heirs of the deprived legal heir, except for the subordinate.
The inheritance share of the disinherited person who does not have a child is divided by adding to the shares of the heirs of the inheritor. The same applies to the disinherited adoptee, but if the adoptee is deprived of the inheritance, the heir of the adoption is not affected by deprivation.
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