Testament (Disinheritance) Sample
WILL (DISINHERITANCE)
(Handwritten)
TC IDENTITY NUMBER :
FATHER’S NAME :
MOTHER NAME :
PLACE OF BIRTH :
DATE OF BIRTH :
PROVINCE :
NEIGHBORHOOD-VILLAGE
VOLUME NO :
FAMILY SERIES NO:
SERIES NO :
I, … …, the owner of the above-mentioned identity information, have drawn up this will in my handwriting in my house at the address … … … … where I reside, in the presence of the witnesses whose names, signatures and addresses of residence are given below, without any deception or under the influence of force or threat. My will is as follows:
“… With the … Court’s …/…/…/… dated …/…/…/…/…/…dated …/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…/…
This sad event deeply affected me. For this reason, as clearly stated in Article 510 of the Turkish Civil Code No. 4721; I exclude my son/daughter …, who has the legal right of inheritance with reserved shares, from my inheritance / I exclude her from my inheritance to cover all of her inheritance rights.” *
Testator
Signature
* Turkish Civil Code No. 4721 ;
Article 510 – In the following cases, the heir may disinherit the heir with reserved share by a testamentary disposition
The heir has committed a serious crime against the heir or one of the heir’s relatives,
If the heir has significantly failed to fulfill his obligations arising from family law towards the heir or members of the heir’s family.
Article 511 – A person who is excluded from inheritance shall not be entitled to a share of the inheritance, nor may he file a lawsuit for equalization.
Unless the heir has disposed otherwise, the share of inheritance of the person excluded from inheritance shall remain to the heirs of the person excluded from inheritance, if any, or to the legal heirs of the heir, if not, as if that person had died before the heir.
The descendants of the disinherited person may claim his/her reserved share as if the disinherited person had died before the heir.
Article 512 – The disinheritance shall be valid only if the heir has specified the reason for the disinheritance in his disposition.
If the person excluded from inheritance objects, the burden of proving the existence of the stated reason shall fall on the heir or the testate creditor benefiting from the exclusion.
If the existence of the reason cannot be proved or if the reason for the exclusion is not specified in the disposition, the disposition shall be executed except for the reserved share of the heir; however, if the heir made this disposition due to a clear mistake about the reason for the exclusion, the exclusion shall be invalid.
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