Situations Where an Inheritance Contract is Considered Invalid: What You Need to Know
A contract of inheritance is a contract that determines how the assets will be shared after the death of the deceased person while he/she is alive. However, such contracts are not always considered valid. Certain situations determined by laws and court decisions may cause an inheritance contract to be considered invalid. We have listed these situations below:
1. Incapacity
The persons who will make an inheritance contract must have full legal capacity to carry out this transaction. The inheritance contract may be considered invalid in cases where the person:
Is under the age of majority (under 18),
Does not have the power of discernment due to reasons such as mental illness or mental disability,
Is under the influence of alcohol or drugs.
For example: If a person who is mentally unstable proves that he/she has a mental disability after making an inheritance contract with a medical report, the contract may be canceled by a court decision.
2. Contrary to Law or Morality
A contract of inheritance cannot be contrary to the law and general moral rules due to its content. The illegality may occur in the following ways:
If it contains coercive provisions,
If there is an unfair regulation that deprives the heir of the inheritance,
If the aim is to harm someone else, the contract is considered invalid.
Example: If a person states in the inheritance contract that he will leave all his assets to only one of his children and will not give anything to his other children, in this case, there may be a violation of the law’s regulation on inheritance shares.
3. Pressure, Fraud or Threat
If the testator is under pressure, threatened or subjected to fraudulent behavior while signing the inheritance contract, the contract will be considered invalid.
The person must have done this with his free will.
Example: If an elderly person is forced by his caregiver to sign the inheritance contract in a way that leaves all his assets to him, this contract may be considered invalid because it was made through pressure.
4. Failure to Comply with the Written Form Requirement
In order for the inheritance contract to be valid, it must be made in writing and drawn up in the presence of a notary. Verbal or ordinary written inheritance contracts made without complying with the form requirement are deemed invalid.
Example: Even if the testator has written down on a notepaper in handwriting to whom he/she will leave his/her assets, this document is not deemed valid since it does not constitute an official contract.
5. Cancellation or Termination of the Contract
The testator has the right to cancel the inheritance contract while he/she is alive. The consent of the other party is also required for this transaction. In addition, the contract can be mutually terminated. If a cancellation or termination transaction has been made, the contract is deemed invalid.
Example: If a person regrets the inheritance contract and terminates the contract by agreement with the other party, this contract loses its validity.
6. Forgery or Misleading Information
If the inheritance contract contains forged signatures, false information or misleading statements, it is considered invalid. If it is determined that misleading information was provided in the contract, the contract is deemed invalid.
Example: If misleading information was provided regarding the testator’s assets and this situation occurs, the contract may be ruled invalid.
