In inheritance law, not every inheritance has positive consequences. In particular, heirs who are faced with an inheritance that carries a debt burden may not want to assume this responsibility. At this point, the concept of “refused inheritance” comes into play. The Turkish Civil Code gives the heir the right of choice in this regard. The refusal of inheritance means that the heir rejects the inheritance within the legal period and can have significant legal consequences if not done correctly.
What is Refused Inheritance?
Rejection of inheritance means that the legal or appointed heir does not accept the assets and debts , if any, of the inheritor. Whenan inheritance is rejected, the person does not become related to the inheritance in any way; it is as if he/she had never been an heir.
Rejection of inheritance is a preferred method especially in debtor inheritances. Because if the inheritance is accepted, it is possible for the person to become liable for inheritance debts with his/her personal assets. This can lead to serious economic problems.
What is the Duration for Refusal of Inheritance?
The statutory time limit for a refusal of inheritance is three months (90 days). This period starts to run from the date the heir learns that he/she is the heir:
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For legal heirs , usually from the date of death,
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For the appointed heirs based on the will , this period starts to run as of the notification of the will to them.
If no action is taken within the three-month period, the inheritance is deemed to be tacitly accepted and the right to refuse disappears.
How to Make a Refused Inheritance?
The refusal of inheritance is subject to a very clear procedure. In order for this procedure to be considered valid, the following steps must be followed:
Application to the Civil Court of Peace: The application should be made to the civil court of peace in the place of residence of the heir or in the last place of residence of the heir.
Written or Oral Declaration: The heirs may reject the inheritance with a written petition or an oral declaration.
Recorded: The court will record the declaration in the minutes and the transaction becomes official.
Rejection ofthe Entire Inheritance: The inheritance can only be rejected in its entirety. Partial rejection is not possible.
The refusal of inheritance can be made alone or with the joint decision of all heirs. However, it should be noted that each heir must exercise this right individually.
Things to Consider
Although the refusal of inheritance may seem simple, it can have serious legal consequences. The following points should be considered:
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If the deadline is missed, the inheritance is automatically accepted.
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Interference with any part of the inheritance (e.g., selling real estate ) constitutes tacit acceptance of the inheritance.
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If there is arefusal of inheritance, the heir’s descendants (such as children) may become the next heirs. They may also need to reject the inheritance separately.
For these reasons, it is of great importance to manage the process professionally. In the field of inheritance law, we offer our clients a full range of advisory services in this regard.
What are the Consequences of Refusal of Inheritance?
When an inheritance is rejected:
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The heir is not liable for any rights or debts related to the inheritance.
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Other heirs or descendants may step in as heirs.
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If there are no heirs, the inheritance passes to the state treasury.
What Should I Do After Rejection of Inheritance?
After the renunciation of inheritance:
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This transaction should be notified to institutions such as land registry offices and banks,
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If necessary, the disinheritance of the descendants should also be made.
The steps to be taken in the process after the refusal of inheritance should be carried out carefully in order to prevent the family and individuals from being victimized. A wrong procedure may have irreparable consequences in the future.
Refusal of inheritance is a critical decision that directly affects the economic future of the heir. For this reason, it is of great importance both to follow the period and to carry out the procedures completely.
Contact Us
If you would like to get professional support for refusal of inheritance and other inheritance law issues, our law firm is at your side. You can contact us for the right guidance and legal security at every stage of the process.
AsAttorney Atakan Ayhan, we will be pleased to answer all your questions regarding inheritance law.
