Inheritance Law and Malicious Heirs
Inheritance law regulates how a person’s assets will be distributed after his or her death. According to the Turkish Civil Code, an order is made among the heirs of the testator and the heirs become heirs according to this order. However, in some cases, an heir may try to deprive other heirs of their right to inherit by fraudulent or unfair means. Such situations are legally unacceptable and are tried to be prevented by the Lawsuit for Cancellation of Malicious Acquisition of Inheritance.
What is the Case for Cancellation of Malicious Acquisition of Inheritance?
The Case for Cancellation of Malicious Acquisition of Inheritance is regulated in Article 551 of the Turkish Civil Code. According to this article, if an heir takes action to maliciously weaken or eliminate the rights of other heirs, the other heirs may file a lawsuit to annul this transaction.
How to File a Case for Cancellation of Malicious Acquisition of Inheritance?
The Case for Cancellation of Malicious Acquisition of Inheritance must be filed in accordance with the relevant articles of the TMK. Heirs who want to file a lawsuit must apply to the court through their lawyers. In order for a lawsuit to be filed, the existence of bad faith must be proven. Therefore, it is important for the plaintiffs to collect evidence and present it to the court.
Evidence in the Case of Annulment of Malicious Acquisition of Inheritance
Presentation of evidence is very important in the Case for Cancellation of Malicious Acquisition of Inheritance. Plaintiffs must present to the court documents and witnesses to prove the existence of bad faith. These evidence may include, for example, the testator’s changes before or after the will, the testator’s recent health condition, and the conditions of the will.