JURISDICTION OF HERITAGE
In case the estate is rejected by the heir due to the fact that it is in debt, forfeiting will come to the fore. Pursuant to paragraph 2 of article 605 of the Turkish Civil Code, “If the insolvency of the legator is clearly evident or officially determined on the date of his death, the inheritance is deemed to have been rejected.”
The insolvency of the legator is determined according to the date of death. As of this date, all debts of the legator constitute the liability of the estate, and all the assets constitute the assets of the estate. If the passive of the estate is more than the asset, this indicates that the estate is insolvent and in debt. In case of legal refusal, the inheritance is deemed to have been rejected automatically, and a rejection statement is not required. A lawsuit can be filed at the Civil Courts of First Instance at any time after the death of the legator, in order to determine that the estate is in debt and the insolvency of the legator on the date of death.
TRUE REJECTION OF HERITAGE
By complying with the conditions stipulated in the law, the legal and appointed heirs of the estate; It is the rejection of the inheritance by verbal or written declaration of their intention not to accept the inheritance. This statement must be made to the Civil Court of Peace in the last place of residence of the legator.
Statement regarding the refusal of inheritance; disruptive innovation. Adult heirs who have the power to distinguish can make a rejection statement in accordance with the conditions. Pursuant to article 609 of the Turkish civil code, the following conditions must be met in order for the inheritance to be rejected:
- By oral or written statement
- By legal or appointed heirs
- It should be done unconditionally.
you can read our other articles and petition examples by clicking here.