Revocation Of A Will, Renunciation
Revocation of a Will, Renunciation
The execution of a will is a disposition dependent on death. Therefore, it takes effect and produces its consequences after the testator’s death. Since a will is a unilateral legal act and can be validly executed without being dependent on the will of the beneficiary, the testator may revoke the will at any time before their death.
According to the Turkish Civil Code, there are three ways to revoke a will. These are:
By drafting a new will,
By destroying the will,
By subsequent dispositions that are inconsistent with the will.
Revoking a Will by Drafting a New Will
The testator may revoke their previous will at any time by drafting a new will in accordance with one of the types of wills listed in the law. The second will drafted to revoke the first will does not have to be of the same type as the first will. It is possible to revoke the entire will or part of it. There is no limit on the number of wills that can be made or revoked.
If the testator has drawn up a new will despite having an existing will, the provisions of the wills are examined to determine whether the later will revokes the earlier will. If the provisions of the later will do not nullify the provisions of the first will but only modify them, both wills remain valid. If the provisions of the later will nullify the provisions of the first will, only the later will is valid.
Revocation of a Will by Destruction
For revocation of a will by destruction to be considered valid, the testator must have had the intent to revoke the will. Otherwise, if the testator did not have such intent and the contents of the will can be determined, the will is considered valid.
Revocation of a will by destruction is mostly applicable to handwritten wills. In the case of an oral will, since the will is submitted to the court, its destruction is not possible. Similarly, in the case of a formal will, since the will kept at the notary is the main document, even if the testator destroys the copy in their possession, the will remains valid.
If the will is destroyed by a third party other than the testator and its contents cannot be fully determined, it is still considered invalid.
Revocation of the Will by Subsequent Dispositions Inconsistent with the Will
Revocation of the Will by Subsequent Dispositions Dependent on Death
If the testator makes a new will without revoking the previous will, the new will takes precedence over the previous will unless the new will clearly supplements the previous will in a manner that leaves no room for doubt. Here, the testator is making a new will that is inconsistent with the previous will, but does not explicitly state that they are revoking the previous will.
Revocation of a Will by Subsequent Inter vivos Disposition
A specific bequest of property is revoked if the testator subsequently makes another disposition of that property that is inconsistent with the will, unless the will expressly provides otherwise. For example, if the testator first bequeaths his car to his son in the will and later sells the car to another person through a sales contract, the bequest of the car is revoked by the subsequent inter vivos disposition.