What Is Disclaimer Of Inheritance (Renunciation Of Inheritance)?
Renunciation of inheritance is defined as the legal or appointed heirs rejecting the rights and obligations of the inheritance, which includes all debts and receivables of the deceased, upon the death of the testator.
According to the principles of inheritance law, legal and appointed heirs automatically acquire the status of heirs upon the death of the testator. Once they acquire the status of heirs, they become liable for the debts of the testator not only with the estate but also with their own personal assets.
According to Article 599 of the Turkish Civil Code, inheritance passes to the heirs immediately and by law upon the death of the testator. As a general rule, there is no need for the heirs to make a declaration of intent. Thus, the testator’s debts and claims also pass to the heirs, and the heirs become liable for these not only with the estate but also with their own personal assets. In cases where the decedent is heavily in debt, the institution of “renunciation of inheritance” exists to prevent the heirs from being liable for such debts.
Since the inheritance automatically passes to the heirs upon the decedent’s death, it can only be renounced after the death has occurred. The right to renounce does not arise before the testator’s death. The renunciation of inheritance is regulated in Articles 605-618 of the Civil Code (CC).
Appointed or legal heirs may request “renunciation of inheritance” in two ways:
Actual Renunciation of Inheritance
Judicial Renunciation of Inheritance
What is Actual Renunciation of Inheritance?
According to Article 609 of the CC, the inheritance is renounced when heirs who are of legal age and have the capacity to discern submit their unconditional and unqualified statements of renunciation of the inheritance, either in writing or orally, to the Peace Court of the testator’s last place of residence. The aforementioned statement of renunciation is not subject to any formal requirements. It is sufficient to submit it to the court in writing or orally.
With the declaration of renunciation of the inheritance, the heir is released from liability for the debts of the estate, but at the same time, the right to inherit is also extinguished.
-The declaration of renunciation by persons who are completely incapable of acting is made by their legal representative.
-For persons under guardianship, in accordance with Article 463 of the Turkish Civil Code, in addition to the guardian’s declaration, the permission of the Peace or District Court is also required.
-In the case of persons with limited legal capacity, either the person themselves or their legal representative may make a direct declaration of renunciation with the approval of the legal representative.
-In a community property regime, one spouse cannot renounce property that would be included in the community property without the consent of the other spouse, and if the estate is insolvent, they cannot accept it (Article 225 of the Turkish Civil Code).
The declaration of rejection must be unconditional and without reservation (Civil Code Art. 609). Otherwise, the conditional declaration of rejection will be invalid, and the heir will inherit the estate. The exception to this is the rejection of the inheritance in favor of a subsequent heir, as regulated in Civil Code Art. 614. Here, the heirs who renounce the inheritance may request that the heirs who come after them be invited to accept or renounce the inheritance before the official liquidation of the inheritance. Upon this, the renunciation is officially notified to those heirs. If these heirs do not accept the inheritance within one month, the inheritance is deemed to have been renounced by them as well, and the inheritance is liquidated in accordance with bankruptcy provisions (TMK Art. 614).
How is the inheritance rejected?
The heir may reject the inheritance by making a written or oral statement to the Peace Court of the last place of residence of the deceased (TMK Art. 609). This rejection statement must be unconditional and without reservation, covering the entire inheritance. The inheritance cannot be rejected in part. Otherwise, the heir acquires the inheritance.
If the renunciation of inheritance was not the result of mistake, fraud, or coercion, it is not possible to unilaterally revoke the renunciation after it has been registered by the Peace Judge. If the heir made the renunciation due to mistake, fraud, or deceit, a request for annulment of the renunciation may be made.
Within What Period of Time Must the Inheritance Be Renounced?
The period of time for renouncing the inheritance is set at three months in the law. Accordingly, the heir must request the renunciation of the inheritance within three months of the death of the testator or of the heir learning that they are an heir. This request for renunciation is registered without the discretion of the Conciliation Judge.
The inheritance may be renounced within three months. This period begins from the date of the decedent’s death for legal heirs, unless they can prove that they learned of their status as heirs later, and from the date the disposition is officially notified to the appointed heirs (TMK Art. 606). If the inheritance is not renounced within this period, it is deemed to have been accepted.
In cases where an official register is kept, the period for renunciation is set at one month (TMK Art. 626). After the period for reviewing the register has expired, the heir must declare whether they renounce the inheritance, request official liquidation, or accept it unconditionally in accordance with the register. However, the court may grant an extension in necessary cases (TMK Art. 626). This one-month period begins with the service of the summons by the Peace Court, which maintains the estate ledger, to the heirs to appear in court to announce their decisions regarding the estate (TMK Art. 626).
The start of the periods for renouncing inheritance occurs as follows:
For Legal Heirs: As a rule, for legal heirs, this period begins when they learn of the death of the testator (TMK m.606). If the status of heir is learned at a later date, the start date is determined as that date. If the legal heir has been excluded from the inheritance by a disposition dependent on death, the period for renunciation begins on the date the heir learns of the revocation of such disposition.
For Appointed Heirs: For appointed heirs, the period for renunciation is three months (TMK Art. 606). This period begins when the heir learns of their status as an heir through the official opening of the will by the Peace Court and its notification to them. For heirs appointed by an inheritance contract, this period operates in the same manner as for legal heirs.
Registration of the Estate as a Protective Measure: If the estate is registered as a protective measure, the period for renouncing the inheritance begins for both legal and appointed heirs upon notification of the registration by the conciliation judge (TMK Art. 607).
Transfer of the Right of Renunciation to Subsequent Heirs: The right of renunciation of an heir who dies without renouncing the inheritance passes to their own heirs (TMK Art. 608). In this case, the heir who succeeds the deceased heir has two rights of renunciation. This heir has the right to renounce both the inheritance left to them by their own decedent and the inheritance left to their own decedent by their decedent’s decedent. The heir may renounce both inheritances or may renounce only the inheritance left by their own decedent. However, the heir may not renounce the inheritance left by their own decedent and accept the inheritance left by the decedent. This is because the first inheritance is transferred to them as part of the estate of their own decedent who died without renouncing the inheritance.
Extension of the Period and Granting of a New Period: In the event of important reasons, the conciliation judge may extend the period granted to legal and appointed heirs to reject the inheritance or grant a new period (TMK Art. 615). For the period to be extended by granting a new period, the existence of a valid reason is required.