Petition For Cancellation Of Disinheritance
-SAMPLE PETITION-
ANKARA CIVIL COURT OF FIRST INSTANCE ON DUTY
THE PLAINTIFF : A….. B….. (T.C.:……………..)
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT : D….. B…..(T.C.:……………..)
SUBJECT OF THE LAWSUIT :
It consists of our request for the cancellation of the exclusion from inheritance.
EXPLANATIONS
The plaintiff client and the defendant are siblings and their father, the muris C….B…. , ../../…. He passed away on the date of …/./. As can be understood from the certificate of inheritance attached to the petition, the plaintiff client and the defendant are the sole heirs of the muris.
Inheritor../../…. On the date of …/./………., the deceased made a will at the Ankara … Notary Public; this will prepared by the deceased was filed by the Judge of the Ankara ( ) Civil Court of Peace ………. Main, …… Decision numbered file (Annex-4) was opened and read and finalised. Thus, the client learnt that he was disinherited.
According to the will, according to Article 510/2 of the TMK, “If the heir has significantly failed to fulfil his obligations arising from family law against the heir or members of the heir’s family.” He excluded the client from inheritance based on the grounds.
.
However, the will is contrary to the procedure and the law in every aspect. It is clear that the will in question was prepared with the intention of evading property from the client who is the reserved shareholder and the legal heir of the deceased, and that this will does not meet the legal conditions.
The client has been with his father throughout his life and has fulfilled his filial duty to the end. Although the client and the deceased have not been in good terms recently. The client has never exhibited any behaviour towards his father or any other member of the family that would hinder his obligations, especially those arising from family law.
There has never been a serious incident between the client and the testator that would require exclusion from the will. Although the testator disinherited the client on the grounds that the client did not fulfil his obligations arising from family law, he did not present any facts that could be the basis for this claim in his will.
As a result, since there is no justifiable reason for the exclusion from inheritance and for this reason. Since the transaction is contrary to the procedure and the law. It has become necessary to request the cancellation of the client’s exclusion from inheritance.
LEGAL GROUNDS :
TMK, HMK, Attorneyship Law and other relevant legislation
EVIDENCE :
Civil registration information of the deceased, Decree of Inheritance, ../../…. The will issued by the Ankara … Notary Public on the date, Ankara ( ) Civil Court of Peace Judge’s ………. Main, …… Decision numbered file, witness, all other evidence
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1-With the acceptance of our listed objections,
2-../../…. We request and demand by proxy that the client’s exclusion from inheritance be cancelled by the will issued by Ankara … Notary Public on the date. 17/11/2021
Plaintiff A….. B….. Attorney for
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