How Does Disinheritance Occur?
How Does Disinheritance Occur?
When we talk about disinheritance, it means that a person who is entitled to inherit cannot assert any rights or claims under inheritance law with regard to a specific deceased person when one of the reasons specified in the law arises. A person who is disinherited has no rights to the estate of the deceased. In this way, legal inheritance, appointed inheritance, and the status of beneficiary under a will come to an end, and the right to claim a reserved share also ceases to exist.
Looking at the reasons listed in the law that lead to disinheritance, it is seen that the behavior or actions leading to disinheritance must have been committed against the testator, and therefore the emotional bond between the testator and the heir who committed the actions causing disinheritance is severed, and the heir’s claim to the inheritance would be contrary to the testator’s will.
In inheritance law, in addition to disinheritance, it is possible for the testator to exclude any heir from the inheritance for reasons specified in the law. However, in cases where the testator does not have the opportunity to make a disposition upon death to exclude the heir from the inheritance, an heir who does not deserve the inheritance due to their actions and behavior cannot acquire the right to that inheritance through the institution of disinheritance. Nevertheless, there are differences as well as similarities between exclusion from inheritance and disinheritance. Exclusion from inheritance can only be achieved through a disposition upon death made by the testator, i.e., a will, while disinheritance arises automatically by law and does not require the testator to make a will or any other disposition. When the cause of disinheritance occurs, the heir who committed the act that led to it cannot inherit. Furthermore, while disinheritance applies only to heirs with a reserved share, disinheritance applies to all legal heirs, whether they have a reserved share or not, as well as heirs appointed by the testator and even beneficiaries who have been bequeathed a legacy by the testator, and excludes them from the inheritance. However, while the conditions for disinheritance are met when the act is committed against the testator as well as his close relatives or family, disinheritance arises only when the act is committed against the testator.
Another difference between these two concepts is in terms of pardon. An heir who is disinherited for reasons specified by law is no longer disinherited if pardoned by the testator.
Actions leading to disinheritance are listed in Article 578 of the Civil Code. It should be emphasized that all actions listed in this article as causes for disinheritance must be committed intentionally and unlawfully by the heir. The first of these is the heir intentionally and unlawfully killing or attempting to kill the testator. If the heir kills the testator through negligence rather than intent, this will not result in disinheritance, and even if there is intent, if the act is not unlawful, the heir will not be disinherited. For example, if a person who lacks the capacity to discern attempts to kill the decedent, there is no element of intent, so it does not result in disinheritance. Similarly, if the decedent is killed in self-defense, it is not unlawful, so it does not constitute grounds for disinheritance. For disinheritance to occur, it is not necessary for the perpetrator to be convicted by a criminal court. What is important for disinheritance is the act itself. Those who assist or encourage the heir in killing or attempting to kill the deceased are also disinherited. It should be noted that attempting to kill the deceased is also a reason for disinheritance. Another reason for disinheritance is deliberately and unlawfully rendering the deceased incapable of making dispositions upon death on a permanent basis. In other words, it is to deprive them of their capacity to make dispositions upon death, such as a will or inheritance contract, until their death. If the act temporarily deprived the testator of the capacity to make dispositions upon death, and the testator later regained the capacity to make such dispositions, but did not make a will disinheriting the heir, this means that the testator forgave the heir, and disinheritance does not occur. Another reason for disinheritance is to deceive, coerce, or intimidate the testator into making a disposition of property upon death or to cause or prevent the testator from revoking such a disposition. These acts inherently involve the concepts of intent and illegality. Similarly, if the testator’s disposition of property upon death is intentionally and unlawfully removed or altered by the heir at a time and in a manner that the testator cannot redo, disinheritance occurs. For example, burning or tearing up a handwritten will, causing it to be lost, or cutting out an important element of a handwritten will in a way that renders it invalid in terms of form, or drawing over it in a way that makes its content impossible to understand. Again, the act of destroying or removing must be done intentionally and unlawfully. It should be noted that, for disinheritance, the testator must be unable to re-create the destroyed or altered testamentary disposition. The destruction or alteration of the will after the testator’s death, or the destruction of the will after the testator has lost their capacity, constitutes grounds for disinheritance.
A disinherited heir cannot acquire the status of heir or beneficiary at the time of the opening of the estate. They are deemed to have died before the testator and cannot participate in the distribution of the estate. If they are a beneficiary under the will, they cannot demand the fulfillment of the will against the heirs. Disinheritance is automatically effective by law, so there is no need to file a lawsuit for this purpose; however, a declaratory action may be filed to establish the existence of disinheritance. Disinheritance means that the heir loses their status as an heir only against the person against whom the act requiring disinheritance was committed. Disinheritance does not affect the descendants of the disinherited heir, i.e., their children or grandchildren. The descendants take the place of the disinherited heir and receive their share in accordance with the rule of succession in the transfer of inheritance. Since the disinherited person is considered to have died before the testator, they are not taken into account in the distribution of the inheritance, and if they have no descendants who would succeed them, the inheritance is distributed among the other heirs in the same order. If the disinherited heir is the sole heir in that class, the inheritance passes to the next class. If the disinherited person is a designated heir or beneficiary under a will, any bequests made in their favor are void and become the property of the legal heirs.