Deprivation Of Inheritance

Inheritance deprivation is a legal concept that makes a judgment without the need for the legator to take any action or make a statement in case of the existence of the reasons written in the law, and leads to the loss of the person’s title of being an heir or a testator. The consequences of this legal situation are due to death and spontaneously. There is no need for a judge’s determination.
WHAT ARE THE REASONS FOR LACK OF HERITAGE?
It has been decreed that the persons listed in Article 578 of the Turkish Civil Code cannot be heirs, cannot acquire rights through death-related dispositions, and their deprivation will be eliminated only if and only if the inheritor is forgiven. Deprivation of inheritance is regulated in Article 578 of Tmk. While it was regulated in the old civil law that amnesty would not remove the deprivation, in the current situation it was accepted that amnesty would remove the deprivation. The reasons for deprivation of inheritance determined by counting in Article 578 of the Turkish Civil Code;
Killing or attempting to kill the inheritor intentionally and unlawfully,
Intentionally and unlawfully, making the inheritor unable to make permanent death savings,
Enabling and preventing the inheritor from making a testamentary disposition or returning from such a disposition by deception, coercion or intimidation,
Intentionally and unlawfully destroying or breaking a testamentary disposition in a situation and time where the legator can no longer reproduce it.
WHO AFFECTS DEFINITION OF HERITAGE?
The issue of who will be affected by the deprivation of inheritance is regulated in accordance with Article 579/1 of the TMK, only for the deprived, it will not affect the descendants of the deprived, and the heirship of the descendants will continue. Of course, the descendant mentioned here is valid for the cases where the decedent is the descendant of the inheritor. For the descendants of the voluntary heirs, the situation is the opposite and it can be said that they are also negatively affected by the deprivation. In short, the inheritance right lost by the deprived of inheritance passes to his legal heirs, but in case of deprivation of the appointed heirs and those in whose favor the property has been established, their descendants are not granted the right of inheritance. If the legal heir who is deprived of inheritance does not have descendants, the person’s share returns to the estate and this heir is divided among the inheritors as if there were no descendants. The consequences of deprivation of inheritance are important in this regard. It causes material and moral losses.
WHAT SHOULD BE DONE FOR IMPLEMENTATION OF THE PROVISIONS OF DENIALITY OF HERITAGE?
It has been ruled that the person will be deprived of inheritance in case of the existence of the reasons specified in Article 578 of the Turkish Civil Code, and it is clearly stated in the same article that no court judgment or declaration of will of the inheritor is required for the implementation of this deprivation. If one of the reasons listed in the article is realized, the person will be deprived of inheritance without the need for anything else. Only if he is forgiven will deprivation disappear. In cases of conflict with regard to the heirs, the beneficiaries may request a determination, and this determination may be negative.
WHO ARE THE OTHER HEIRS AFFECTED BY THE DENIALITY?
If the heir removed from the heir does not have a descendant, then his heirs other than this descendant and his spouse are affected by the deprivation in question. Just like in the redemption, the inheritance share of the deprived of inheritance is distributed to the heirs of the same group, if he is the only heir in the group, it is transferred to his lower class. Inheritance deprivation affects only the deprived. The explanation of this personal situation is that it has consequences only for the individual who is deprived of the inheritance; It means that it does not affect subordinates. It is useful to repeat that the descendants mentioned are the legal descendants of the person. Because it is clearly understood in the article 579/2 of the Turkish Civil Code that; The justification of the article is that it will not make any provision for the legal heirs other than the person. This provision, which covers only the legal heirs not to lose their rights, will not be applied to the appointed heirs and the bequests in their favor.
In case of the death of the appointed heir or the testator before the inheritor, the heirship rights are lost. The descendants of these people, on the other hand, cannot claim any rights by claiming succession in the estate. However, for legal heirs, this situation is reversed.
To count the persons affected by the deprivation of inheritance;
All heirs (including descendants) of the disinherited person
All heirs (including descendants) of the deprived testator
They are all heirs of the deprived legal heir except his descendants.
The inheritance share of the deprived person who has no descendants is shared by adding to the shares of the heirs of the inheritor. The same is true for the adopted son who is deprived of inheritance, but if the adopted son is deprived of inheritance, the heir of the adopted son is not affected by the deprivation.
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