When the inheritance is rejected, it is not possible to gain the title of heir from the death of the inheritor. For this reason, the rejection of the inheritance has effects on the past. The relevant legal regulation is Turkis Civil Code It is found in articles 611-613. In accordance with these articles, we can list the consequences of the rejection of the inheritance as follows:
If one of the legal heirs rejects the inheritance; his share passes to the rightful owners when the inheritance is opened, as if he was not alive.
If one of the appointed heirs refuses; unless it is understood that the desire of the decedent from the testamentary disposition is otherwise, it remains with the nearest legal heirs of the legator.
The inheritance rejected by all the nearest legal heirs is liquidated by the magistrate court in accordance with the bankruptcy provisions. At the end of the liquidation, the remaining values are given to the right holders as if they did not reject the inheritance.
If the entire descendant rejects the inheritance, their share passes to the surviving spouse.
CANCELLATION OF DISCLAIMER
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 annulled. Turkish Civil Code m. According to 617:
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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