Reply Petition for Cancellation Of Will
-SAMPLE PETITION-
ANKARA ( ) COURT OF FIRST INSTANCE
D.NO:2021/…… E.
DEFENDANT HEIR D….. B…..(T.C.:……………..)
ADDRESS
REPRESENTATIVE :
ADDRESS
THE PLAINTIFF A….. B….. (T.C.:……………..)
SUBJECT OF THE LAWSUIT : It consists of our responses to the lawsuit for the cancellation of the will filed in your Court with the file with the file number written above.
EXPLANATIONS
The lawsuit petition of the above-mentioned file, which has been filed by the plaintiff against the client in your Court, has been served to us on ../../…. It has been notified on the date. We submit this petition, which includes our declarations and answers against the lawsuit filed against the client, to your Court within the time limit.
The plaintiff and the defendant client, who requested the cancellation of the will from your Court, are siblings and their father, the muris C….B…. (the identity information of the muris is presented in the annex of the petition (Annex-1), died on ../../…. He passed away on the date of …/./. As can be understood from the certificate of inheritance (Annex-2) attached to the petition, the plaintiff and the defendant are the sole heirs of the muris.
Muris ../../…. …/./ date at Ankara … Notary Public (Annex-3) and left a part of the estate to the defendant client in accordance with the contract of care until death.
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The plaintiff has claimed in the petition that the will is contrary to the procedure and law in all aspects; that it was prepared with the intention of evading property from the plaintiff, who has a reserved share and is the other legal heir of the deceased, and that this will does not meet the legal conditions, and that there cannot be a care contract until death between the deceased and the defendant client.
These issues claimed by the plaintiff in the petition are completely abstract allegations that are devoid of legal basis. All claims of the plaintiff are based on assumptions and have no basis and concrete evidence. All the matters objected by the plaintiff have been realised in accordance with the conditions stipulated by law and in accordance with the procedures and laws. Namely
Firstly,
If the will was made when the testator did not have the capacity to dispose,
If the will is made by mistake, deception, intimidation or coercion,
I.f the content of the will, the conditions or obligations attached to it are contrary to law and morality,
If the will is made in violation of the formal conditions specified in the law, its cancellation may be requested.
Since the issues claimed by the plaintiff are not among these conditions, the plaintiff’s request for the cancellation of the will should be rejected, as will be observed by your Court.
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However, the allegation that the end-of-life care contract made by the testament is invalid is not appropriate. There is an end-of-life care contract between the deceased and the defendant. The deceased and the defendant lived close to each other, and as requested by the deceased, the client frequently visited the deceased and met his needs.
In the last years of his life, the deceased lived alone and suffered from loneliness. For this reason, it was extremely important for his own son to be a travelling companion and stand by him. However, the fact that the defendant client had his own family and that family needed the client was understandable for the deceased as it was for everyone. Therefore, even though there was a care contract between them, the fact that the client lived with his own family did not pose a problem for the deceased or for the contract in which the client promised to care for the deceased. The client always fulfilled the needs and wishes of the deceased and took care of him until his death.
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Although the deceased did not have a health problem that would adversely affect his life, he was lonely and needed care and companionship from time to time. For this reason, he requested this from the defendant and the client never objected to this request of his father. The client regularly took care of the deceased’s home shopping and organised the house. He regularly visited the deceased until the end of his life; he never severed his bond with him. He always fulfilled the wishes of the deceased and was the first person to call when he needed something.
In this respect, there is no element that shows that the end-of-life care contract made with the will is defective. The client has fulfilled all the acts requested by the deceased; thus, he has become the creditor of the contract by fulfilling all the acts of the contract. The claimant’s allegation that the contract is defective lacks legal basis.
Plaintiff claims that while the existence of a medical report obtained from a full-fledged hospital should be taken into consideration in order for the will to be issued by the notary public, the issuance of the will without such a report reveals the disability of the transaction. This claim of the plaintiff, like the other claims, lacks legal basis. The deceased never lost his power of perception and discernment until the time he lost his life. As can be seen from the medical reports we have submitted in the annex of this petition, no medical report has been issued regarding this situation.
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While the will was being drawn up, the officials at the notary public’s office drew up the will in question while it was instantly understandable that he was capable of attribution. The will was drawn up in accordance with the procedure and the law within the framework of the conditions required by the law. In this respect, it is clear that the will in question was not prepared to evade property from the plaintiff.
Consequently, for all these reasons, the claim that the will violates the plaintiff’s rights arising from the law by violating his reserved shares is far from legal basis. The will was drawn up in the presence of a notary public, within the legal conditions required by the law and while the deceased was mentally healthy. The client fulfilled all the requirements of the contract of care until death between the testator and the testator; in this way, he became the creditor of the inheritance regulated by the will. In this way, we object to the entire lawsuit and all of the claims of the plaintiff.
LEGAL GROUNDS :
TMK, CPL, Law on Attorneys and other relevant legislation
EVIDENCE : Civil registration information of the deceased, health reports of the deceased, Decree of Inheritance, ../../…. The will issued by the Ankara Notary Public on the date of …/./, witnesses, all other evidence
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration by your Court ex officio:
1-First of all, all the issues that the plaintiff has claimed in the lawsuit petition are rejected and his lawsuit is dismissed,
2- We request and demand by proxy that the judicial expenses and attorney’s fee be decided to be left on the plaintiff. 03/11/2021
Defendant D….. B….. Representative of
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