Inheritance Equalization

2022-02-04T10:54:00+00:00 4 February 2022|

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BALANCING IN HERITAGE TMK m.669

Article 669- Between the heirs

“The legal heirs are obliged to each other to return the gratuitous gains from the legator to the inheritance in order to ensure equalization.”

“The gains made by the legator to her descendants without any compensation, such as giving dowry or founding capital, transferring an asset or recovering from debt, and the like, are subject to equalization, unless otherwise expressly stated by the legator.”

It is an institution organized to ensure equality among heirs. To explain through an example, the legator died and he had three children, A, B and C. When Mirasbırakan died, his estate was 1,200,000,00 TL. Of the three children, A gained 300.00,00 TL worth of equalization in the health of the decedent.

The values ​​subject to equalization are the values ​​to be added to the estate. Therefore, the actual holding of the estate is 1,500,000,00 TL. In this case, inheritance A will receive only 200,000,00 TL from the share. B and C will receive 500.000,00 TL each, so that the inheritance will be shared equally.

All legal heirs can request equalization. The demand for equalization can only be brought forward against the legal heirs. The subject of the equalization is always the savings made by the legator against his heir in his health.

According to the first view in the doctrine, all major savings made in favor of the descendants are subject to equalization, but in this way, a real equality can be achieved between the heirs of the descendants. The second view argues that, based on the letter of the law, all important savings are not subject to equalization, and the gains that strengthen or ensure the economic independence of the heir are subject to equalization. According to the Court of Cassation, the gains that are clearly mentioned in the law are subject to equalization.

The inheritor may declare his will whether the gain he has made will be subject to equalization or not, regardless of any form. According to one view, the legator can also declare his will after the savings are made. According to another view, an heir who does not have an equalization obligation should not be faced with an equalization obligation with a unilateral declaration of will.

Stj. Av. Rumeysa Özge Uzkan

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