Petition For Cancellation Of Will
-SAMPLE PETITION-
ANKARA ON DUTY ( ) COURT OF FIRST INSTANCE
PLAINTIFF HEIR A….. B….. (T.C.:……………..)
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT D….. B…..(T.C.:……………..)
SUBJECT OF THE CASE : It consists of our request for the cancellation of the will and the decision to be made for the equalisation.
EXPLANATIONS
The plaintiff client and the defendant, who hereby petition your Court for the cancellation of the will, are siblings and their father, the muris C….B…. (the identity information of the muris is attached to the petition Annex-1), ../../…. He passed away on the date of …/./. As can be understood from the certificate of inheritance (Annex-2) attached to the petition, the plaintiff client and the defendant are the sole heirs of the muris.
Inheritor ../../…. Although the testament (Annex-3) was issued at the Ankara … Notary Public on the date of …/./, it has become necessary to request its cancellation since the will issued is not in the necessary legal conditions.
First of all, the will in question was issued in violation of the procedure and the law in every aspect. The will, which is clearly prepared with the intention of evading property from the client, who has a reserved share and is the legal heir of the deceased, is an infringement of the rights of the heir client.
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Although it is stated that such a will has been drawn up in accordance with the contract of care until death between the deceased and the defendant, as it is known by the entire circle of the deceased, the deceased was never in a situation that would require such a contract. The deceased, who was a retired civil servant, lived alone in his house until his death; during this period, he was able to provide his own food, cleaning and all kinds of needs of his house. The deceased did not have a health problem that would adversely affect his life and therefore did not lead a life that required care.
Even if we assume for a moment that the defendant and the deceased entered into this agreement for care reasons, the fact that the defendant was living with his family in his own house and the deceased was living alone in his own house on the date of the agreement reveals that such care was never provided. In addition, while the existence of a health report from a full-fledged hospital should be taken into consideration in order for a person in need of such care to issue a will at the notary public, the absence of such a report reveals the disability of the transaction.
In this way, it is fixed that the will prepared with the cooperation of the defendant and the murisin violates the client’s reserved shares and violates his rights arising from the law. in order to prevent the client from losing his rights in this way, we hereby request that the will be cancelled and equalised; İn this way, we demand that the loss of rights suffered by the client be compensated.
LEGAL GROUNDS :
TMK, HMK, Law of Attorneys and other relevant legislation
EVIDENCE : Civil registration information of the deceased, Decree of Inheritance, ../../…. The will issued by Ankara … Notary on the date, 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, our lawsuit including our requests listed above should be accepted and the will should be cancelled and equalised,
2- We request and demand by proxy that the judicial expenses and attorney’s fee be decided to be left on the defendant. 28/10/2021
Plaintiff A….. B….. Attorney for
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