Differrence Between Disinheritance And Deprivation of Inheritance
Disinheritance is only applicable to the heirs with reserved shares. The main difference with disinheritance stems from this point, which is that disinheritance is applicable to legal heirs, appointed heirs and testamentary creditors. When considered in this context, it is clear that the provisions on deprivation of inheritance have a wider application area compared to the provisions on disinheritance. This is the difference between disinheritance and deprivation.
Another difference between disinheritance and disinheritance is that disinheritance can only be realised as a result of the voluntary testamentary disposition of the heir, whereas disinheritance results spontaneously. In this context, there is no need for a court decision or a declaration of will in the case of disinheritance, whereas disinheritance results in a voluntary act of will.
THE MOMENT WHEN THE STATE OF DEPRIVATION OF INHERITANCE BECOMES EFFECTIVE
The deprivation of inheritance has judgement and consequences from the moment the inheritance of the heir is opened. Although it actually takes effect from the moment of the death of the heir, in terms of its application, the moment of the opening of the inheritance is taken as a basis. Another meaning of this situation is that the person deprived of inheritance will lose the title of heirship as of the date of death, and with the opening of the inheritance, this deprivation will be put into practice.
BENEFITING FROM THE OBLIGATIONS DETERMINED BY THE HEIR
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 by the testator. Inheritance deprivation, legal heirs, appointed heirs, testamentary creditors, as well as persons who benefit from the obligation imposed by the heir are also adversely affected by the obligations determined by the heir.
REQUEST FOR A CERTIFICATE OF INHERITANCE BY THE PERSON DEPRIVED OF INHERITANCE
The person who is deprived of inheritance loses the title of heirship. Therefore, he/she cannot claim any right in the testamentary disposition. Nevertheless, it is stated in the decision of the 2nd Civil Chamber of the Court of Cassation dated 17.05.2002 and numbered 6298/7780 that the person deprived of inheritance will not constitute an obstacle to request a certificate of inheritance. In this case, by pointing out that “the legal consequences of the deprivation of inheritance will be taken into consideration during the division of the estate” and ignoring these situations, a decision should be made showing the inheritance shares. Inheritance deprivation is discussed in the light of the decisions of the Court of Cassation.
In another Court of Cassation decision, it is stated that disinheritance, disinheritance, refusal of inheritance or renunciation of inheritance does not prevent being shown as heir in the certificate of inheritance.
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Another Court of Cassation 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 are mentioned in the relevant decision and it is as follows: “Pursuant to Article 578 of the TMK, those who intentionally or unlawfully killed or attempted to kill the deceased cannot be heirs, deprivation of inheritance is not an obstacle to request a certificate of inheritance. It is personal and affects only the deprived.
The descendants of the person deprived of inheritance become heirs like the descendants of the person who died before the heir (Article 579 of the TCC). Inheritance is lost only due to the person against whom the act was committed. Since the deprivation of inheritance automatically results, there is no need to obtain a court decision. For this reason, it is necessary to make a judgement to show the shares of inheritance in the certificate of inheritance and then issue a certificate of inheritance by stating who will inherit the inheritance share of the person deprived of inheritance due to deprivation of inheritance.”
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