What Is Collusion And Inheritance Evasion?
Collusion is the agreement of the parties to enter into a contract that does not conform to their real will, and which, although apparently valid, is not valid between them, in order to deceive third parties.
In order for the conditions of collusion to be fulfilled, the following three conditions must coexist:
There must be a knowing and wilful inconsistency between the real intentions of the parties and the transactions they have made,
There must be an intent to deceive third parties,
The parties must agree on a collusive transaction.
Muris collusion (evasion of inheritance), on the other hand, is when a person presents the gratuitous gains made by a person in order to deprive his heir of the right of inheritance as a sale or a contract of maintenance until death. The main purpose here is to prevent the heirs with reserved shares from receiving their inheritance shares by filing a lawsuit for equalisation in the future. In other words, the heir wants to prevent his heirs from filing a lawsuit in the future by pretending that he has transferred the goods that he actually wants to donate in return for sale.
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In the case of inheritance evasion, it is investigated whether there are four elements of collusion. These are
Apparent transaction (contract): The apparent transaction appears in practice as a sale, donation or a contract of maintenance until death. These transactions are the transactions that are not in accordance with the real will of the heir in order to evade property from the heirs, and are made in a way that does not have any judgement and result. ,
Collusive agreement: It is the agreement of the heir and the third party that the apparent contract is made only to deceive the heirs. The parties agree that the apparent transaction made for the purpose of evading the inheritance shall not have any judgement and result between them. This agreement may be verbal or in writing. ,
Intention to deceive third parties (heirs): If the parties (the heir and the third party) do not have the intention to deceive the heirs, an action for evasion of inheritance cannot be brought in relation to the transaction. ,
Secret contract It is a contract that reflects the true will of the heir and is hidden behind the apparent transaction. Since the secret contract (donation) is actually in accordance with the real will of the parties, it is valid as a rule. Here, it is important whether the secret contract is subject to the form requirement or not. The secret transaction is not subject to form in immovable and movable properties without title deeds. However, since it is subject to the official form requirement in immovable properties with title deeds and this form is not complied with in the ‘secret contract’, it is invalid.
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It is stated that any heir whose inheritance right is violated, whether or not he has a reserved share, can sue for this and prove the collusion with all kinds of evidence. Legal heirs, appointed heirs or adopted children may also file this lawsuit. However, this lawsuit cannot be filed by persons who rejected the inheritance, renounced the right of inheritance and were disinherited.
Each of the heirs may file this lawsuit alone. The fact that the heirship is in partnership does not prevent this, and each heir can file a Land Registry Cancellation and Registration Case in proportion to his/her share without obtaining the consent of the others. However, here, if the heir wants the immovable property to be returned to the estate, not in proportion to his/her share, he/she has to obtain the consent of other heirs outside the lawsuit or continue the lawsuit with a representative.
Muris collusion lawsuit can be filed after the death of the heir. The lawsuit is not subject to statute of limitations or any deprivation of rights.
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