Refusal of inheritance, in other words, rejection of inheritance; it is called the refusal of the heir to the rights and obligations of the inheritance, which is formed together with all kinds of debts and receivables of the inheritor with a unilateral declaration of will. There is the principle of universal succession in inheritance law. According to this principle, legal and appointed heirs acquire the title of inheritor spontaneously upon the death of the inheritor. When the title of inheritor is acquired, they become responsible for the debts of the inheritor not only with the inheritance, that is, with the remaining inheritance, but also with their personal assets. Therefore, the issue of rejection inheritance is important.
Appointed or legal heirs can file a claim for “refusal of inheritance or, in other words, refusal of inheritance” in two ways. These;
The real rejection of heritage
Refusal of inheritance by judgment
Refusal of inheritance is stipulated in articles 605 and 618 of the Turkish Civil Code. it is regulated in the articles. According to these provisions, only legal and appointed heirs can inherit the refusal. The principle of solid succession applies in our inheritance law. In this context, the assets of the bequeathed pass to the heirs with all their assets and liabilities. In order to eliminate the inconveniences of the state of partial succession, the legislator has organized the institution of refusal of inheritance.
Refusal of inheritance is a declaration of the desire of the inheritor to remain a stranger from his inheritance by a unilateral declaration of will. Only legal and appointed heirs can refuse the inheritance. With death, the right to inheritance is acquired. If the inheritance is rejected within the legal period, the heir is deemed to have lost the title of inheritor from the date of death of the inheritor.
The right of refusal of inheritance is an absolute right.
However, since this right is not one of the personal rights, it is also possible to use it through a representative.
The right of rejection is a right that creates disruptive innovation. He walks backwards because of this quality.
According to the Turkish Legal System, when the inheritance is opened, the estate passes to the heirs in its entirety. That is why the heirs do not need to make a declaration that they accept the inheritance in order to earn the inheritance. Refusal of inheritance is a legal process that effectively eliminates the automatic acquisition of inheritance and at the same time the temporary position of inheritance due to the condition of refusal; the past until the moment of the death of the inheritor.
Inheritance can be refused only by legal and appointed heirs. Testamentary creditors do not have any rights regarding the institution of refusal of inheritance. The fact that this right has not been recognized to the will receivables is that these rights are already reduced if certain property will creditors do not claim the relevant property within the time limit.
As we mentioned above, both the asset and the liability of the inheritor, that is, both assets and debts, will be completely transferred to the heirs. Moreover, for the heirs who accept the inheritance, their responsibilities will not be limited only to those who inherit, they will be responsible for all their assets and the debts of the inheritor in proportion to their share. For this reason, in cases where the estate is sunk in debt, the heirs reject the inheritance and want to get rid of the responsibility for the debts of the inheritor.
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