Upon the death of the testator, the heirs have rights over the remaining assets. This right also brings responsibilities. Since the debts of the testator are also included in the inheritance, the heirs become responsible for these debts.
However, the Turkish Civil Code offers another right to heirs: Rejection of Inheritance. Rejection of inheritance is a legal process that allows legal or appointed heirs to reject all assets of the testator, including his debts. In this way, the heirs are saved from being responsible for the debts of the deceased.
How to Reject Inheritance?
There is no need to file a lawsuit to reject the inheritance. The heir must go to the Civil Court of Peace in the place where the testator died and declare in writing or verbally that he rejects the inheritance. This declaration is recorded in the minutes by the Judge of Peace and a document is given to the heir who rejects the inheritance.
What is the Period for Rejection of Inheritance?
A legal period is prescribed for the rejection of the inheritance. Heirs must reject the inheritance within 3 months from the date of the death of the testator or the date they learn that they are the heirs. If this period passes, the inheritance is deemed to have been accepted and the heir becomes responsible for the debts.
Why Can Inheritance Be Denied?
Rejection of inheritance may not always be accepted. If the Magistrate thinks that the rejection of the inheritance is done with the aim of damaging the creditors, he may ask the heir who rejects the inheritance to provide sufficient security for the creditors. If no collateral is provided, creditors may file a lawsuit for annulment of rejection of inheritance against the heir who rejects the inheritance within six months.
What are the Consequences of Denial of Inheritance?
In case of rejection of the inheritance, the rejecting heir has no legal relationship with the testator. The heir cannot have any rights or claims on the assets of the deceased.
If the inheritance is rejected, the legal heirs of the testator are invited to the inheritance respectively. If the legal heirs also reject the inheritance, it is the appointed heirs’ turn. At each stage where the inheritance is rejected, the next heir can accept the inheritance and become the heir.
Who Can Reject the Inheritance?
All heirs, legal or appointed, inherit
