Precautions Are Requested
ADANA SENTRY COURT OF FIRST INSTANCE
PROSECUTOR :
ATTORNEY :
THE DEFENDANTS :
LATE :
SUBJECT: It consists of the cancellation of the will of the Muris and the request to decide on its cancellation if it is not.
INSTRUCTIONS :
……. 1. For the opening of a will in the form of a notary’s office dated 04.08.2015 and numbered 1581………… 2016/198 E of the Magistrates ‘ Court. 2016/363 K. His case has been appealed by us and is still in trouble. Due to the fact that your client lives abroad, he could only get the notification. The client was unable to attend the hearing on the opening of the will, but appealed the decision and became legally aware of the will in question.
The client’s murisi passed away on 04.05.2016. As the legal heirs left behind; his wife ….., kids ……….., ……….. and ……….left click. In our opinion, there are violations of law and procedure in the will filed after the death and its cancellation is required. It is As follows;
Murisin’s will, which was filed on 13.04.2016, is owned by him on his own behalf,……. province ……….. County …….. mah. 291 ada has sold 1/2 of its own share of the pile house located in 26 parcels, including after the death of its owner ………… 1/2 and ………… it turned out that he left it. “These two daughters have taken care of us so far, they are the ones who show interest and possibility to us.”as explained in the previous article.
The muris of the will in question have a momentary anger of resentment and anger of the other heirs…….. and ………… it is clear that he gave it under pressure. Muris is a person who receives a pension both from abroad and from Turkey. Again, other heirs also reside abroad. Muris has lived on his own two feet in Turkey for a long time. As can be seen from this situation, muris has not been in a state of disrepair. He took care of everything himself. Before Muris died, he said that he wanted to return from this will while he was ill and regretted it. However, the client has learned about this stop now. Again, there is a will/savings (oral or written) that we assume is located in the spouse of the muris, who is again the legal heir, regarding the return of the muris from the will in question. Therefore, as a matter of nature, the will subject to this case is invalid.
In addition, when we look at the will, the report that the mental capacity of the muris is sufficient was taken from the family doctor. This report is not valid. It should not be respected. muris has undergone heart surgery. It is a well-known scientific fact that emotionality increases after surgery in people undergoing heart surgery. The report describing Mur Dec’s emotional state, which was under pressure from my sisters and my momentary anger, should have been taken from a full-fledged public hospital, especially from a delegation including a psychiatric specialist. Otherwise, the received report does not indicate that muris has a mental state, mental weakness. Therefore, the will issued without the report we are talking about is irregular in form, as well as incomplete and invalid in nature. In addition, when we examine the will, it will become clear that muris is illiterate. The witnesses in the will must testify that Muris left the above-mentioned immovable property only to his two daughters, both illiterate and emotionally absent-minded, and in a state of mental health. Therefore, we demand that the witnesses in the will be invited to the hearing by your honorable court and listened to on these issues.
The defendants, using the reasons that crippled the will of muris, which we have explained above, led him to a mistake and ensured that such a transaction took place in his favor. Because there is no reason to require muris to deprive his other heirs of this, leaving the entire above-mentioned house to only his two daughters. The will of muris was mutilated by the defendants and Muris’s wife, and muris performed this operation by misleading muris. The defendants and Murisin’s wife still reside in this inherited house. Again, all the items left by muris in this house are used by the defendants. The plaintiff client has not even received any personal belongings left over from his late father that remind him of him. The plaintiff client has also been victimized in this case, and he also asks his late father for his part in the remaining items.
In addition to the reasons we have presented, the plaintiff client also has the legally protected reserved shares that he will receive from the inheritance. For this reason, this will also encroaches on the reserved shares of the plaintiff client, and also for this reason, the cancellation of the will is required.
For these reasons, we were obliged to apply to your honor’s court for the cancellation of the said will and, if not, for its approval.
LEGAL REASONS : TMK, HMK and other legislation
Subsequently can be obtained legal evidence and counter-evidence report, without prejudice to the right to civil register of probate decree hospital records, doctor’s notes and recipes, ……… Journal number and date of 1581 noterligi 04.08.2015 Editing in the form of a will, Deed recording, witness statements, ………… Magistrates ‘ Court 2016/198 E. 2016/363 K. a numbered file, an Oath, an expert witness, and all kinds of other evidence.
CONCLUSION-I REQUEST :
For the reasons described above and re’sen will observe;
1. first of all ………. province …………… County ……… mah. 3 of the heaped-up residential real estate located on 26 parcels of 291 islands. The Imposition of an Injunction to prevent the transfer of persons,
2-………… Cancellation of the notary’s office in the form of a will dated 04.08.2015 and numbered 1581 due to the violation of the law, if it is not possible, it will be decided to revoke the plaintiff at the rate of the reserved share,
I will know and demand the estimate of the trial expenses and the proxy fee to the other party. (date)