Inheritance Deprivation
Inheritance deprivation is a legal concept that, in the presence of the reasons written in the law, is a legal concept that comes into effect without the need for the heir to take any further action or make a declaration, resulting in the loss of the person’s capacity to be an heir or testament creditor. The consequence of this legal situation occurs with death and spontaneously. There is no need for the judge’s determination.
WHAT ARE THE REASONS FOR DEPRIVATION OF INHERITANCE?
Article 578 of the Turkish Civil Code stipulates that the persons listed in Article 578 of the Turkish Civil Code cannot be heirs, cannot acquire rights through death-related dispositions, but only as a result of the forgiveness of the heir, their deprivation will disappear. Deprivation of inheritance is regulated in Article 578 of the Tmk. While it was regulated in the former civil code that the deprivation would not be removed by amnesty, in the current situation, it is accepted that amnesty will remove the deprivation. The reasons for deprivation of inheritance determined by counting in Article 578 of the TMK are as follows
Killing or attempting to kill the heir intentionally and unlawfully,
Intentionally and unlawfully rendering the heir incapable of making death-related disposals permanently,
Ensuring and preventing the heir from making a testamentary disposition or revoking such a disposition through deception, coercion or intimidation,
Intentionally and unlawfully cancelling or cancelling a testamentary disposition in a situation and at a time when the heir is no longer able to do it again.
WHO IS AFFECTED BY DEPRIVATION OF INHERITANCE?
Pursuant to Article 579/1 of the TCC, it is regulated that the deprivation of inheritance will only affect the deprived person, it will not affect the descendants of the deprived person, and the heirship of the descendants will continue. Of course, the heirs mentioned herein are valid for the cases where the deprived of inheritance is the heir’s descendant. For the descendants of voluntary heirs, the situation is the opposite and it can be said that they are also negatively affected by the deprivation.
In short, the right of inheritance lost by the deprived of inheritance is transferred to the legal heirs, but in case of deprivation of the appointed heirs and those in whose favour the property is established, their descendants are not entitled to inherit. If the legal heir deprived of inheritance has no descendants, the share of the person returns to the estate and is divided among the inheritors as if this heir did not exist. The consequences of disinheritance are important in this respect. It causes material and moral losses.
WHAT SHOULD BE DONE FOR THE APPLICATION OF THE PROVISIONS ON DEPRIVATION OF INHERITANCE?
Article 578 of the Turkish Civil Code stipulates that the person will be deprived of inheritance in the presence of the reasons specified in Article 578 of the Turkish Civil Code, and in the same article, it is clearly stated that no court judgement or declaration of the will of the heir is required for the implementation of this deprivation. In case one of the grounds listed in the article is realised, the person will be deprived of the inheritance without the need for anything else. The deprivation will disappear only in case of forgiveness. In cases of disputes in terms of heirs, a request for determination may be made by those who have an interest, and this determination may be negative or positive.
WHO ARE THE OTHER HEIRS AFFECTED BY DEPRIVATION OF INHERITANCE?
If the heir who is deprived of inheritance has no descendants, then his/her heirs other than this descendant and his/her spouse are affected by the deprivation in question. As in the case of disinheritance, the share of inheritance of the disinherited person shall be divided among his heirs in the same class, and if he is the only heir in the class, it shall be transferred to his descendants. Inheritance deprivation affects only the deprived person. The explanation of this situation, which is personal, is that it has consequences only for the individual deprived of inheritance; it does not affect the descendants.
It is useful to repeat that the mentioned descendants are the legal descendants of the person. Because it is clearly understood in Article 579/2 of the TCC that the justification of the article is that it will not have consequences for the legal heirs other than the person. This provision, which covers only the legal heirs not to lose their rights, shall not apply to the appointed heirs and those in whose favour the property is willed.
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In the event that the appointed heir or testamentary beneficiary dies before the legator, their right of inheritance is cancelled. The descendants of these persons cannot claim any rights by claiming succession in the inheritance. However, this situation is reversed for legal heirs.
The persons affected by the deprivation of inheritance are as follows
All heirs of the person deprived of inheritance (including his/her descendants)
A.ll heirs of the deprived testate creditor (including his/her descendants)
All heirs of the deprived legal heir except his/her descendants.
The inheritance share of the disinherited person who has no descendants is divided by adding to the shares of the heirs of the heir. Although the same applies to the adopted child deprived of inheritance, if the adopted child is deprived of inheritance, the heirs of the adopted child are not affected by the deprivation.
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