The duration of the refusal inheritance TMK m. it was edited in 606. According to this article, the inheritance can be refusedafter three months. This period begins for the legal heirs from the date on which they learn about the death of the inheritor, unless it is proved that they later learned that they are the heirs; for the heirs appointed by will, the savings of the inheritor are officially notified to them. Within the scope of this article, the inheritor must request the rejection of the inheritance within a period of three months from the date of his death or upon learning that the heir is the heir. This refusal request is examined without the discretion of the Magistrate.
TMK 615, which carries the title of extension of the refusal period. according to the article; “In the presence of important reasons, the magistrate judge may extend the period of refusal recognized to the legal and appointed heirs or grant a new period.”
These periods are valid for the actual rejection of the inheritance. If the judgment is rejected, they can always request the determination of the incapacity without paying on the date of death of the bequestee after the death of the bequestee. In addition, the heirs will be able to request this determination from the Civil Court of First Instance.
The beginning of the relevant periods of refusal inheritance should be explained as follows:
The Beginning of the Period of Refusal of Inheritance in Terms of Legal Heirs: As a rule, the period of refusal of inheritance for 3 months for legal heirs begins as soon as they learn about the death of the inheritor (TMK 606. matter). If the title of inheritance is learned later, the 3-month period begins from the date of learning. If the legal heir has been excluded from the inheritance with the savings due to death, the rejection period begins as soon as the heir learns that the savings due to death have been canceled. It is applied in case of not being informed of the death of the bequestee due to reasons such as distance, not meeting.
The Beginning of the Period of Refusal of Inheritance for the Heirs Appointed by the Will and Inheritance Agreement: The period of refusal for the appointed heirs is three months (TMK 606. matter). This period is achieved by the fact that the Magistrate’s Court officially opens the will and notifies the parties that they are the heirs. For heirs appointed by the inheritance contract, this period works in the same way as for legal heirs. If a third person has been appointed with this contract, it starts with an official notification as in the will.
In terms of the Transfer of the Inheritance to the Ledger: In the case of writing the inheritance as a protection measure, the period of refusal of the inheritance begins for the legal and appointed heirs with the notification of the writing process by the Magistrate’s Court. (TMK 607. substance)
In Terms of the Right of Refusal to Pass to the Heirs who Come Later: The right of refusal of the heir who dies without rejecting the inheritance passes to his heirs (TMK 608.matter). In this case, the heir who replaces the deceased heir has two refusal rights. This heir has the right to reject both the inheritance left to him by his inheritor, and the inheritance left to his inheritor by his inheritor has the right to reject. The heir can reject these two inheritances, as well as reject the inheritance left only to his own inheritor. However, the heir cannot reject the inheritance left by his/her inheritor and accept the inheritance left to his/her inheritor. Because the first inheritance is passed on to him as part of the inheritance of his own heir, who died without refusing the inheritance.
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