In Which Cases Can an Inheritance Lawsuit Be Filed?
Inheritance lawsuits play an important role in resolving disputes regarding sharing between heirs after the death of the testator. Situations that cannot be resolved through agreement can often be the subject of an inheritance lawsuit. Below, we have detailed the cases in which an inheritance lawsuit can be filed and the frequently encountered scenarios.
1. Incomplete Disclosure or Concealment of the Inheritance Share
Explanation: In the properties shared between the heirs, sometimes there may be incomplete notifications or concealment of some assets. In particular, real estate, cash assets or valuables may be concealed.
Example: An heir takes a large amount of money from a bank without the knowledge of the other heirs. When the other heirs learn of this situation, the heirs who were given a partial share may file a lawsuit requesting a recalculation of the inheritance share in order to receive their rights.
2. Claiming that the Will is Invalid
Explanation: A person may prepare a will before they die, but this will may be prepared illegally or may not reflect the will of the testator. In this case, a lawsuit can be filed to cancel the will.
Example: An heir may claim that the will was made during the period when the deceased was in poor health and that it has lost its validity. If supported by health reports submitted to the court, a lawsuit can be filed for the invalidity of the will.
3. Doubts Regarding the Mental Health of the Testator
Explanation: If it is claimed that the deceased was mentally unstable during the will or the distribution of the inheritance, the heirs can take this situation to court.
Example: If the testator left all his/her assets to one person in his/her last will, even though he/she had made a different will when he/she was mentally healthy, the other heirs can file a lawsuit on the grounds that this does not reflect the will of the testator.
4. Disagreement Regarding the Distribution of the Inheritance
Example: If there is a disagreement between the heirs regarding the distribution of the assets, this situation can be the subject of an inheritance lawsuit. Disagreements are frequently experienced, especially regarding the fair distribution of the properties.
Example: One of the siblings may want to take all the family’s real estate on his/her own. If the other heirs object to this, a lawsuit can be filed for a fair distribution of the real estate.
5. Suspicion of Fraud or Deceit Among Heirs
Explanation: During the inheritance sharing process, suspicions of fraud, forgery of documents or theft of property may arise among the heirs. In this case, it is possible to prevent unfair gains by filing a lawsuit.
Example: If an heir registers some properties in his own name without the knowledge of the deceased while the deceased is alive, the other heirs can file a lawsuit to cancel this registration process.
6. Cancellation or Revocation of a Rejection of Inheritance Decision
Example: An heir who has rejected the inheritance may want to revoke this decision under certain conditions. In such cases, it is necessary to apply to the court.
Example: An heir rejects the inheritance thinking that he is indebted. However, if he later learns that the inheritance contains valuable assets, he can file a lawsuit to cancel the rejection of the inheritance decision.
7. Cancellation of the Certificate of Inheritance
Explanation: If an error was made while issuing the certificate of inheritance or if it is claimed that the certificate is invalid, in this case, an application can be made to the court to cancel the certificate of inheritance.
Example: If one of the true heirs of the deceased is not added to the certificate of inheritance by mistake, this heir can file a lawsuit to cancel and reissue the certificate.
8. Request for Retrieval of the Inheritance Due to Collusion
Example: If the deceased transferred some of his/her assets to someone else while he/she was alive and this transaction is considered to be collusion, the other heirs can file a lawsuit claiming collusion.
Example: If the deceased appears to have transferred all of his/her real estate to one heir, but in fact it is understood that this was not a sale transaction but a collusion transaction made with the aim of stealing property from the other heirs, the other heirs can file a lawsuit to cancel this transfer.
