Unlike the institution of renunciation of inheritance, a contract will be required here. Inheritance renunciation agreement is a contract between the inheritor and the person who is a potential heir in the future, which includes the full or partial renunciation of the right of inheritance in return for a consideration or gratuitously. In case of full renunciation of inheritance, the person completely renounces his/her inheritance title.
Inheritance renunciation agreement; It is divided into two according to whether it is made in return for gratuitous consideration or not:
a. Inheritance Renunciation Agreement:
The heir renounces his/her possible inheritance right by receiving an advance payment (consideration) in the health of the heir. Article 565 of the Turkish Civil Code states: “Acquisitions made for the purpose of liquidation of inheritance rights before death…” is mentioned.
b. Inheritance renunciation agreement without consideration:
It is the renunciation of the heir’s possible inheritance right without any consideration. The main difference between the contract of renunciation of inheritance with consideration and the contract of renunciation of inheritance without consideration is whether it will be effective for the descendants or not. Namely, in paragraph 3 of Article 528 of the TCC: “Renunciation of inheritance by providing a provision shall also have consequences for the descendants of the renouncer, unless otherwise stipulated in the agreement.”, it is stated that the renunciation of inheritance with consideration shall also be valid for the descendants.
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