In order for the refusal to be inherited, the one who left the inheritance must be dead. The rejection of the inheritance cannot be made before the death of the inheritor. Before the death of the inheritor, the inheritance can only be waived by the inheritance contract.
The refusal of the inheritance can be made by the legal or appointed heir with an oral or written declaration, unregistered and unconditional, within its term. If we list these conditions:
The legal or appointed heir can do it.
It can be made within 3 months from the death of the inheritor.
It should be indifferent and unconditional.
He has the power of discernment, and the adult heir alone can do it.
It can be done by an oral or written statement.
The refusal statement that meets these conditions will be made to the Magistrate’s court where the inheritance was opened. The magistrate judge determines the oral or written refusal statement with a record. The declaration of refusal made within the time limit is written in the special register by the magistrate’s court of the place where the inheritance was opened, and if the rejecting heir wishes, a document indicating the refusal is provided to him.(TMK m. 609)
Refusal inheritance declaration cannot be made conditional. Therefore, it is out of the question to accept part of the inheritance and reject the rest. If the heirs want to reject the inheritance, this is possible only by rejecting all asset values and debts together. There is only one exception to the rule of unconditional refusal of inheritance:
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