Koca & Ersöz Hukuk Bürosu / Anwaltskanzlei

RENUNCIATION OF THE INHERITANCE IN TURKEY

Inheritor, who decided to relinquish his/her inheritance in Turkey, can waive his/her claims by making a contract with the legator. The waived case here is the future claim to be incurred. This contract should be committed personally by the legator. Renunciation of the inheritance contract can be prepared as onerous contract (against remuneration) or as gratuitous contract (free of charge).

In onerous contracts, prospective inheritor waives his/her claims of distributive share to be incurred in the future in exchange of a remuneration provided by the legator. In gratuitous contracts, which are free of charge, the inheritance is waived without any consideration. In onerous contracts, inheritor’s descendants are not being the prospective inheritors. However, in gratuitous contracts, inheritor’s descendants continue to be the prospective inheritors.

Inheritors waiving their future claims of distributive share lose their attribution of heirship. The inheritor relinquishing his/her claims against remuneration will be responsible to the other claimants in terms of this consideration; in the case the claimants’ share is not recompensed. If the renunciation is executed in favor of a specific individual and if that person has lost his/her title of heirship, contract of renounce becomes invalid. On the other hand, if the renounce is not in favor of a specific individual, it is deemed as the contract is in favor of the closest common descendants.

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