** "Renunciation of inheritance according to Turkish legislation"

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A general view of disinheritance

In inheritance law, the death of a testator results in the transfer of his property to his heirs. Since property is transferred to the heirs with all its active and passive characteristics, the Turkish Civil Code (the "Code") provides some options to heirs who do not want to receive a share of the inheritance. Heirs may renounce inheritance after the death of the testator or waive their inheritance rights through a renunciation agreement when both parties are alive. The renunciation of inheritance is governed by Article 529 of the Code. According to the relevant article, the testator may enter into a renunciation agreement with the heir without any compensation or by providing compensation to the heir. A renunciation agreement is a mutually agreed contract of both parties, it is not a unilateral transaction that the testator or the heir can make unilaterally. An heir who renounces an inheritance through a disinheritance agreement also loses the title of heir. A disinheritance agreement can be made between the testator and his reserved heirs, that is, his mother, father, spouse and descendants. The reason is that an heir can release persons who are not reserved heirs from inheritance by a unilateral act. By means of a waiver agreement to be executed, both parties must mutually waive their right to inherit, or may be concluded

Compensatory renunciation of inheritance

The word "compensatory" literally means compensation, favor. The existence of a compensable renunciation of inheritance will become clear if the heir gives some consideration, that is, compensation, that is, favor, to the renouncing heir, during the execution of the compensable agreement of renunciation of inheritance. By means of this agreement, the renouncing party receives, between the living, a consideration in return for his renunciation. In other words, the benefit that the refusing party will receive from the heir must arise as a result of the contract while the testator is still alive, otherwise it is impossible to speak of a compensated renunciation of inheritance.

Uncompensated renunciation of inheritance

In a gratuitous renunciation of inheritance, the renouncing party renounces the inheritance without receiving any remuneration.

Difference between reimbursable and non-reimbursable agreements

The most significant difference between compensatory and non-reimbursable agreements is the treatment of descendants. Unless otherwise stipulated in a gratuitous disinheritance agreement or in a supplementary agreement, the heirs of the disinheriting party will also lose the title of heirs. However, in the case of a gratuitous renunciation of inheritance, the title of the heirs of the renouncing party is retained. In this context, it is crucial to determine whether the renunciation is made with or without remuneration and whether the remuneration is between the living.

Conditions for validity of renunciation of inheritance

The renunciation of an inheritance must be in the form of a formal will. In other words, it is required that the agreement be executed in the presence of a notary public. Agreements that are not formalized in the presence of a notary public are considered invalid. In addition, both parties who enter into the agreement must be fully competent. In this context, the parties must be mentally balanced, not limited and be adults. To avoid the invalidity of the agreement due to incompetence, it is necessary to obtain a medical certificate from a public hospital for both parties and present it to the notary at the time of the transaction. In addition, executing the agreement in the presence of witnesses who are competent and have a medical certificate will also prevent claims of invalidity.

In conclusion, a disinheritance agreement can be made with or without remuneration between the testator and his reserved heir. For these agreements to be valid, they must be executed in the presence of a notary public and both parties must be fully competent. The content of this article is intended as a general guide to this topic. Specialist advice on your specific situation should be sought.

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