Petition For Enforcement Of Will
-SAMPLE PETITION-
ANKARA CIVIL COURT OF FIRST INSTANCE ON DUTY
THE PLAINTIFF A….. B….. (T.C.:……………..)
ADDRESS
REPRESENTATIVE :
ADDRESS
DEFENDANT HEIR D….. B…..(T.C.:……………..)
SUBJECT OF THE CASE : It consists of our request for the enforcement of the will.
EXPLANATIONS
The plaintiff client and the defendant, who hereby request the enforcement of the will from your Court with this petition, are siblings and their father, the muris C….B…. (the identity information of the muris is presented in the annex of the petition Annex-1), ../../…. He passed away on the date of …/./. As can be understood from the certificate of inheritance (Annex-2) attached to the petition, the plaintiff client and the defendant are the sole heirs of the muris.
Muris ../../…. …/./ date at Ankara … Notary (Annex-3) and left a part of the estate to the plaintiff client in accordance with the contract of care until death.
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The defendant side claims that the will is contrary to the procedure and law in all aspects; D….., who is the reserved shareholder and the other legal heir of the deceased…. B….., the owner of the reserved share and the other legal heir of the deceased, and that this will does not meet the legal conditions, and that there cannot be a contract of care until death between the deceased and the client; in this way, Ankara … Civil Court of First Instance filed a lawsuit for the cancellation of the will with the file numbered 2021/… Esas (Annex-4).
As a result of the trial, with the judgement of the Ankara … Civil Court of First Instance numbered 2021/… Main 202…/… Decision, the opposing party D….. B…..’s lawsuit, which has no legal basis, has been rejected; the decision has become final.
With this decision and the finalisation of the will, it has become necessary for us to request the enforcement of the will, as transactions will be made in the land registry and official offices regarding the specified property will.
LEGAL GROUNDS : TMK, HMK, Attorneyship Law and other relevant legislation
EVIDENCE : Civil registration information of the deceased, Decree of Inheritance, ../../…. The will issued by Ankara … Notary on the date, Ankara … Civil Court of First Instance file numbered 2021/… Esas, witnesses, all other evidence
CONCLUSION AND REQUEST :
For all the reasons explained above and to be taken into consideration ex officio by your Court, ../../…. We hereby request and demand by proxy that the will issued by the Ankara … Notary Public on the date of …/./ be decided to be enforced. 04/11/2021
Plaintiff A….. B….. Attorney for
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