evasion of inheritance; It is the transfer of the gratuitous gains made by the decedent with the aim of depriving the heir of the inheritance by pretending that there is a contract of sale or a contract of care until death. By law, some people were determined as legal heirs and inheritance was shared with them in certain proportions. However, in order not to realize this situation regulated in the law, people try to prevent some of their heirs from benefiting from the inheritance right by pretending to sell their assets to one of their heirs before they die.
First of all, it has to be a transaction. What is meant by the apparent operation; It is a process that does not coincide with the real will of the inheritor, but only in order to make the heirs experience deprivation of rights. To give an example, the apparent transaction in the gratuitous gain made by the testator to his son under the name of the contract of sale is the contract of sale, but the real will of the testator is in the direction of forgiveness. In such cases, it is generally shown that there is a price when transferring the assets, and the said asset is prevented from being subject to criticism. The reason is the provision in Article 565 of the Turkish Civil Code that some unrequited gains will be deemed invalid and subject to criticism.
Secondly, there must be a collusion agreement, which means that their real will is not like the apparent transaction, but that they perform the apparent transaction just to deceive third parties. The muvazaa contract does not need to be in writing.
Thirdly; As stated at the very beginning, the purpose of the inheritor is to smuggle property from the heirs. However, at this point, it should be noted that; At this point, deception or collusion cannot be mentioned if the deceased does not have any heirs or does not know about his heirs at the time of the collusion.
Finally, there must be a confidential transaction. As mentioned in the visible transaction section, the real will of the parties must be a confidential transaction. In everyday life, the secret transaction is forgiveness in general. The parties perform the collusion by showing a nominal price during the transfer, without paying any price or by paying a price far below the real price. According to the Turkish Code of Obligations, the apparent transaction will be deemed invalid because it does not match the real will of the parties, but the confidential transaction is valid as a rule if it meets the form conditions in the law.
you can read our other articles and petition examples by clicking here.