Inheritance law is a complex field that regulates to whom and how the assets of deceased people will be distributed. One of the most important concepts in this field is iskat, also known as disinheritance or disinheritance.
In this article, we will examine in detail what disinheritance is, in what cases it can be done, how it is done and its consequences.
What is Disinheritance?
Disinheritance is the process of the testator depriving some of his legal heirs of their inheritance, under certain conditions, by will or inheritance agreement.
Legal heirs are people who are entitled to inheritance in case of death of the testator, as required by law. These include children, spouse, parents, siblings, and in some cases, nieces and nephews.
The testator may want to exclude some of his legal heirs from his inheritance for justified reasons. In this way, he can ensure that his legacy is left to certain people or institutions.
Who are the heirs who can be excluded from inheritance?
The testator may exclude all legal heirs from his inheritance, except his descendants. That is, he does not have the authority to disinherit his children, grandchildren and other descendants.
The testator can also exclude his spouse from his inheritance. However, the spouse’s inheritance right is protected by the reserved share right. The reserved share cannot be less than the spouse’s legal inheritance share.
What are the Reasons for Disinheritance?
The testator must have a justified reason to exclude his legal heir from his inheritance. The justified reasons listed in the Turkish Civil Code (TMK) are as follows:
Failure to Fulfill Citizenship Duties: If the heir commits acts contrary to the constitution and laws, endangers the homeland and nation, or fails to fulfill civic duties.
Significant Damage to Family Ties: The heir uses violence against the inheritor or family members, insults them, and commits acts that damage their honor and dignity.
Living a Dishonorable Life: The heir lives a life that is considered shameful and dishonorable by society.
Crime: Intentional crime committed by the heir against the deceased or his family members.
Abandoning the Testator: The heir abandoning the testator at a time when he is in need and not fulfilling his obligation to care for and help him.
How to Remove Inheritance?
Disinheritance must be done by will or inheritance agreement.
Will: It is a written document in which the testator declares his will unilaterally and without any formality. The will can be prepared in the presence of a notary or in writing.
Inheritance Contract: It is a contract made by the testator with one or more people regarding the future of the inheritance. The inheritance contract must be made in the presence of a notary.
The testator must clearly state in the will or inheritance contract the reason for excluding his heir from his inheritance. In addition, it must be proven that the testator’s reason for expulsion is justified.