Unlike the institution of denial of inheritance, here a contract will have to be made on the name. An inheritance waiver agreement is a contract between the inheritor and the potential heir in the future, which includes giving up the right of inheritance in full or in part, in return for gratuitous or gratuitous consideration. In case of complete renunciation of inheritance, the person completely renounces the title of heir.
Agreement of waiver of inheritance; It is divided into two according to whether it is done in return for consideration or not:
a. Ivazli Inheritance Waiver Agreement: The heir gives up his probable inheritance right by taking ivaz (in return) in the health of the inheritor. In Article 565 of the Turkish Civil Code: “Gains made for the purpose of liquidation of inheritance rights before death…”, the contract for the waiver of the humble inheritance is mentioned.
b. Impartial Inheritance Waiver Agreement: It is the heir’s renunciation of the probable inheritance right without any compensation. The main difference between the gratuitous inheritance waiver agreement and the gratuitous inheritance waiver agreement is gathered at the point of whether or not it will give effect in terms of descendants. That is, in the 3rd paragraph of Article 528 of the Turkish Civil Code: “Renunciation of the inheritance by providing a compensation will also have consequences for the descendants of the waiver, unless otherwise stipulated in the contract.” It has been stated that the contract of waiver of the burdensome inheritance will also be valid for the alts.
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