Inheritance law is an important branch of law that determines how people’s assets will be shared after death. The wills prepared in this context are one of the most powerful documents reflecting the will of the testator. However, it is possible that the will may be deemed invalid due to reasons such as being unlawful, being prepared under duress or not reflecting the will of the person correctly. In such cases, the heirs may apply to the court for the annulment of the will.
Is Cancellation of a Will Possible?
Yes, a will can be revoked if it contains unlawful elements. However, each will must be evaluated on its own merits and the claim of invalidity must be supported by concrete evidence. The request forannulment can be made not only on the grounds of dissatisfaction with the content of the will, but also for reasons based on legal grounds.
The lawsuit for the annulment of the will is filed in the court of the last place of residence of the testator and the invalidity of the whole will or certain provisions of the will can be ensured through this lawsuit.
What are the Valid Reasons for Cancellation of a Will?
According to the Turkish Civil Code, certain grounds are required for the annulment of a will. These can be grouped under the following headings:
1. Incapacity (Disability of Will)
If the person making the will is mentally incompetent or lacks the power of discernment, the document may be deemed legally invalid. For example; dementia, severe psychological disorders or decisions taken during illness may be grounds for incapacity.
2. Mistake, deception or coercion
If the person has been deceived, misled or threatened while preparing the will, it is possible to revoke the will because his/her will has been impaired. Such situations often arise in the form of domestic pressure, manipulation or threats directed against assets.
3. Provisions Contrary to Law and Morals
If the content of the will contains provisions contrary to the law or general rules of morality, these provisions may be deemed invalid. For example; situations such as completely excluding an heir or unlawfully favouring another person may be grounds for cancellation.
4. Failure to comply with the formal requirements
Wills can be formal, handwritten or oral. However, for each type, the formal requirements specified in the law must be fulfilled. For example, a formal will must be drawn up before a notary public in the presence of two witnesses. Wills drawn up without complying with these rules may be deemed invalid.
Who Can File a Will Cancellation Case?
The cancellation of the will can be filed by persons directly affected by the inheritance. These persons are usually;
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Legal heirs (children, spouse, parents)
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Persons who are mentioned in the will but have lost their rights
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Hidden shareholders
In order for these persons to request annulment, they must file a lawsuit within one year from the notification of the will to them. In addition, the procedure must be initiated within ten years from the date of death before the time limit for filing a lawsuit expires.
Importance of Evidence in Cancellation Case
Cancellation of a will should be supported by documents, witnesses and expert reports. In particular, medical reports, psychiatric evaluations and witness statements are of critical importance in terms of revealing the will power of the person at the time of the will.
In addition, documents such as notary records, hospital records at the time of the preparation of the will and the communication history of the heir can also be used as evidence in the litigation process.
Managing the Process with an Inheritance Lawyer
The annulment of a will is a complex legal, technical and time-consuming process. In order not to lose your rights, working with an expert istanbul inheritance lawyer ensures that the case is carried out correctly and strengthens the possibility of the case being accepted.
In this process, we provide professional support to our clients in all steps such as detailed examination of the will, collection of evidence, preparation of the petition and submission to the court. We also ensure that the parties are kept informed and communicate transparently throughout the proceedings.
Alternatives Other Than Cancellation of the Will
In some cases, even if it is not possible to annul the will, certain provisions may be invalidated or the legal heirs may file a “lawsuit for equalisation” by claiming that their reserved shares have been violated. With this lawsuit, the return of their legal share can be ensured.
In addition, if a healthy communication is established between the parties, the division of inheritance can be resolved by agreement without the need for litigation.
Contact Us
If you believe that the will drawn up by the testator is unfair, drafted under duress or unlawful, it is recommended that you seek professional support immediately. We offer comprehensive advice and advocacy in the areas of will revocation and inheritance law.
We follow the whole process on your behalf and defend your rights in the most effective way.
