What Are The Consequences Of Renouncing An Inheritance?
What are the consequences of renouncing an inheritance?
Renouncing an inheritance terminates the status of heir retroactively, i.e., from the moment of the testator’s death (Civil Code, Article 611). Renouncing an inheritance has separate legal consequences for legal heirs and appointed heirs:
Legal consequences of renouncing an inheritance for legal heirs
The renunciation of inheritance terminates the status of heir with retroactive effect. The inheritance is distributed as if the heir who renounced the inheritance had died before the decedent. If the heir who renounced the inheritance has descendants, their share of the inheritance passes to them; if not, the share of the inheritance of those in the same class of heirs increases.
If all the closest legal heirs renounce the inheritance, the estate is liquidated by the Conciliation Court in accordance with the provisions on bankruptcy under Article 612/1 of the Turkish Civil Code. The inheritance does not pass to the heirs who take the place of the heir who renounced it.
After the official liquidation, the remaining assets of the estate are distributed among those who renounce the inheritance (TMK Art. 612/ll). If all appointed heirs renounce the inheritance, their share reverts to the estate, and the legal heirs benefit from it. In this case, TMK 612 does not apply.
If all legal and appointed heirs renounce the inheritance, formal liquidation is carried out in accordance with TMK 612.
If only the legal heirs renounce the inheritance, TMK 612 does not apply in this case. In accordance with TMK 611, their share will pass to the legal heirs who take their place.
If the entire line of descent rejects the inheritance, according to MK 613, the entire inheritance share of the line of descent passes to the spouse, and the spouse becomes the sole heir. When the entire line of descent rejects the inheritance, the inheritance does not pass to the second group, and the spouse becomes the sole heir. The line of descent here refers only to the line of descent that is the first in line to inherit upon the death of the deceased, not the entire line of descent.
Article 614 of the Turkish Civil Code regulates the renunciation of inheritance in favor of subsequent heirs. According to this provision, the heir who renounces the inheritance does so on the condition that the subsequent heir or heirs are invited to accept or renounce the inheritance. This invitation is made by the Peace Court of the decedent’s last place of residence. The court invites the lower-ranked heir to make a decision within one month. Failure to respond within this period is deemed to constitute a rejection. (TMK 614/ll)
Consequences of the Rejection of the Inheritance by Appointed Heirs
If appointed heirs reject the inheritance, and unless otherwise provided, only legal heirs may benefit from the rejected portion of the inheritance (TMK Art. 611/ll).