In order to protect the receivables of the heir, an arrangement has been made in the law regarding the annulment of the refusal of the inheritance. In some cases, the inheritance of the legal heir who refuses the inheritance can be canceled. Pursuant to article 617 of the Turkish Civil Code:
- If the heir whose assets are not sufficient for his debt, rejects the inheritance in order to harm his creditors; The creditors or the bankruptcy administration may file a lawsuit for the annulment of the refusal within six months from the date of refusal, unless they have been given sufficient assurance.
- If it is decided to cancel the refusal, the inheritance is officially liquidated.
- If something falls to the share of the heir who refuses from the inheritance that has been liquidated in this way, the receivables of the objecting creditors and then the other creditors are paid. The remaining values are given to the heirs who would benefit from it if the rejection was valid.
- If the creditors of the heir who refuses the inheritance think that the heir, whose assets are not enough for his debt, has refused the inheritance in order to harm them, they can file a lawsuit for the annulment of the refusal within 6 months. This period is a period of deprivation of rights, after which a lawsuit cannot be filed. The court in charge of the annulment case is the Civil Court of First Instance.
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