The Disclaimer of The Inheritance
The inheritance is automatically passed on to the heirs in Turkish law so there must be a clear statement of will for disclaiming the inheritance. However the inheritance will be considered to be automatically disclaimed in one case as presumption in the Turkish law of inheritance. This is the state where the estate is in debt. The purpose of this regulation is the thought of that the heirs will not want to take on the debts of the inheritor.
If there is a decree of bankruptcy certificate fort the default or seized properties when the inheritor died then the estate is in debt.
There must be an administration for the heritage if all the heirs disclaimed the inheritance.
If all the heirs accept the heritage or if they failed to disclaim the inheritance within the legal period which is three months in Turkey then they cannot disclaim the inheritance.
Heirs are required to make a verbal or written statement to the magistrate court that they disclaimed the inheritance.
The disclaimer of the inheritance must be unconditional.
The declaration of disclaiming the inheritance cannot be withdrawn unless all other heirs to consent to the reversal from the disclaimer.
If one of the legal heirs refuses the inheritance, their share of inheritance passes to the other heirs as if they are not alive.
The inheritance share of the declining person passes to the descendant if an appointed heir disclaims the inheritance and if there is no regulation on alternate inheritance.
The entire estate passes to the surviving spouse If the surviving spouse is an heir together with the closest heirs who disclaimed the inheritance.
The transaction of those who disclaimed the inheritance is notified to the other heirs. The notified heirs are deemed to have disclaimed the inheritance if they do not accept the inheritance within one month.
The creditors can request the cancellation of the disclaimer of the inheritance by filing a lawsuit within six months if If the person who disclaimed the inheritance disclaims the inheritance in order not to pay their debts to their creditors. The administration of bankruptcy can also file the same lawsuit against those heirs who disclaimed the heritage in order not to pay their debts.