Removal from inheritance is a situation that can only be applied to the heir with a reserved share. The main difference between deprivation of inheritance and deprivation arises from this point, that deprivation makes provision for legal heirs, appointed heirs and testament creditors. When considered in this context, it is clear that the provisions of deprivation of inheritance have a wider application area than the provisions of exclusion from inheritance. This is the difference between inheritance and deprivation.
Another difference between inheriting and deprivation of inheritance is that while disinheritance can only occur as a result of the willful death of the inheritor, deprivation of inheritance results in its own right. In this context, there is no need for a court decision or a declaration of will in deprivation of inheritance, and removal from inheritance results in a disposition of will.
THE MOMENT WHERE DEFICIT FROM HERITAGE
Deprivation of inheritance has consequences and consequences from the moment the legacy of the inheritor is opened. Although it actually comes into effect from the moment of death of the inheritor, when it is considered in terms of implementation, the moment of opening the inheritance is taken as a basis. Another meaning of this situation is that the deprivation of inheritance will lose the title of heir as of the date of death, and this deprivation will be put into practice with the opening of the inheritance.
UTILIZING THE OBLIGATIONS OF THE LEADER
In the presence of one of the reasons for deprivation of inheritance, the capacity to be an heir and testament creditor will be deprived, and such a situation also prevents the beneficiary from benefiting from an obligation imposed on the heir or testament creditor. Inheritance deprivation, legal heirs, appointed heirs, testament creditors, as well as those who benefit from the obligation imposed by the legator are adversely affected by the obligations determined by the legator.
REQUESTING A CERTIFICATE OF HERITAGE OF THE DENIED
The person who is deprived of inheritance loses the title of heir. Therefore, no claim can be made in the testamentary disposition. However, it has been stated in the decision of the 2nd Law Department of the Supreme Court of Appeals, dated 17.05.2002 and numbered 6298/7780, that the deprived of inheritance will not prevent him from requesting a certificate of inheritance. In this case, it should be decided by pointing out that the “legal consequences of the deprivation of inheritance will be observed during the sharing of the estate” and by ignoring these situations, showing the inheritance shares. Inheritance deprivation has been handled in the light of Supreme Court decisions.
Likewise, in another Supreme Court decision; It is stated that removal from inheritance, lack of inheritance, rejection of inheritance or waiver of inheritance do not prevent being shown as an heir in the inheritance document.
Another Supreme Court Decision on the relevant issue is the decision numbered 2015/13925 E. 2016/2708 K. given by the 14th Civil Chamber of the Court of Cassation. Important issues were mentioned in the relevant decision and are as follows: “According to Article 578 of the Turkish Civil Code, those who kill or attempt to kill the deceased intentionally or unlawfully cannot be heirs. Lack of inheritance does not prevent requesting a certificate of inheritance. It is personal and affects only the deprived. The descendant of the person who is deprived of inheritance becomes heir like the descendant of the person who dies before the inheritor (Turkish Civil Code art. 579). Inheritance is lost only because of the person against whom the action is made. Since deprivation of inheritance results in itself, there is no need to take a court decision separately. For this reason, after the establishment of a provision in the inheritance document to show the inheritance shares, the inheritance certificate should be given by stating to whom the inheritance share of the person who is deprived due to lack of inheritance will be left.
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