What is renunciation of the inheritance?
A renunciation of inheritance is only possible with a contract. The parties to the contract are the inheritors and the legator. The renunciation agreement must be made officially and can be made mutually or free of charge.
What does the Inheritor Give Up with the renunciation?
The heir relinquishes the rightfulness status in the estate that will arise with the death of the legator. The renunciation of inheritance can be partial or complete.
What are Mutual and Unrequited Renunciation Agreements?
In the mutual renunciation agreement between the heir and the inheritor, the heir receives a certain provision from the inheritor to give up the inheritance. In the unrequited waiver agreement, the legator does not give any provision for renunciation to the heir who left the legacy.
In the inheritance law, the inheritor regains the title of inheritance when the renunciatiın of the heir is void. Inheritors can waive their rights on inheritance in favor of certain individuals. If the waiver is made by the inheritor in favor of a certain person and this person cannot be an heir for any reason, the waiver must be voided. Thus, the waiver will gain the title of heir again. If the heir’s inheritance is not made in favor of the particular person, the inheritance share of the waiver passes to his closest common root, that is, their descendants.
The Status Of The Creditors
Turkish Civil Law protects the creditors of the legator with regard to renunciation. In some cases, it is possible that the legator has too much debt and their assets are not enough to pay their debts. It is clear that the creditors of the inheritor will be in a difficult situation if the heirs do not pay this debt from their own pockets after the inheritor dies. In this case, when the inheritance is opened, the responsibilities will arise as long as they have been enriched for five years from the moment the inheritance is opened from the return of other heirs from the inheritor.
The law concludes the intentions of the heirs and the waiver in the case mentioned. If the inheritors and those who renounce good intentions, the nature of the return debts will change depending on the legal reason for unjust enrichment.
As your attorney based in Antalya, we specialize in resolving issues related to inheritance law. If you’re in search of a lawyer in Antalya, especially for matters concerning the renunciation of inheritance, please don’t hesitate to contact us. We are here to provide information and legal support to assist you in navigating the complexities of inheritance law