Petition For Cancellation Of Disinheritance
TO THE JUDGE OF THE CIVIL COURT
THE PLAINTIFF :
TC ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT : Request for Cancellation of Disinheritance.
EXPLANATIONS :
1-) Our client’s father, the muris … …, died as a result of a traffic accident on …/…/… (ANNEX-1)
2-) Pursuant to the will filed before our client and other heirs on …/…/…/…our client was disinherited. In the will, our client’s marriage with the non-claimant … … despite all the objections of the executor and the fact that they had children in common were shown as the reason for the exclusion.
3-) Article 510 of the Turkish Civil Code No. 4721 stipulates that an heir may be excluded from inheritance if the heir has committed a serious crime against the heir or one of the heir’s relatives, or if the heir has significantly failed to fulfill his obligations arising from family law against the heir or members of the heir’s family. The reason set forth in the will is not among the reasons set forth in the provision of the law. Our client neither committed a crime against the testator or his relatives nor violated his obligations. Our client, who has maintained relations with the testator despite all his negative attitudes, is in extremely close relations with other members of the family and fulfills the responsibilities of being a family.
4-) For the reasons we have explained above, it has become necessary to apply to your court in order to cancel the disposition regarding the removal in the will issued by the testator.
LEGAL GROUNDS :
LEGAL EVIDENCES :
CONCLUSION AND REQUEST : For the reasons we have explained above, we respectfully request on behalf of our client to annul the disposition of the executor regarding the disinheritance of our client, and to impose the costs of the proceedings and attorney fees on the other party. …/ …/ …
Counsel for the Plaintiff
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