Inheritance is the transfer of the assets (estate) left behind by a person upon his/her death to his/her legal or appointed heirs. Inheritance does not only consist of assets such as goods, property and money; it also includes the debts of the heir (liabilities). In some cases, the debts of the heir may be more than the assets. In this case, the heirs face the risk of being liable for the debts of the heir with their personal assets due to the “insolvency of the estate”. In order to protect the heirs from such liability, the Turkish Civil Code (TCC) regulates the “renunciation of inheritance” (renunciation of inheritance).
Legal Framework: Rejection of Inheritance and Legal Consequences
The refusal of inheritance is the waiver of the legal or appointed heirs from the title of heirship and the rights and obligations brought by the inheritance by declaring that they do not accept the inheritance passed to them. This right is regulated under Article 605 of the TCC.
Turkish Civil Code – Article 605: Right of Refusal
Legal and appointed heirs may reject the inheritance. If, at the time of death, the heir’s insolvency is clearly evident or officially determined, the inheritance is deemed to be rejected.
Types of Inheritance Rejection
- Actual Rejection of Inheritance: This is when the heirs reject the inheritance voluntarily, within the legal period. This is the most common type of refusal of inheritance.
- Forfeited Rejection of Inheritance: According to Article 605/2 of the TCC, “If at the time of the death of the heir, the insolvency (insolvency) of the heir is clearly evident or officially determined, the inheritance is deemed to be rejected.” In this case, the inheritance is deemed to be rejected automatically without the need for the heirs to make a separate declaration of rejection. However, for ease of proof, it is useful to have this situation determined by a court decision.
Process of Rejection of Inheritance
The steps to be followed for the actual rejection of the inheritance are as follows:
- Period of Refusal: The legal period for refusal of inheritance is 3 months from the date the heirs learnt of the death of the heir. This period of time is forfeitory and cannot be extended. If the heir learnt about the death of the heir later, the 3-month period starts from the date of this learning.
- Application Authority: The refusal of inheritance is made by an oral or written declaration to the Civil Court of Peace in the last place of residence of the heir. The written declaration is submitted to the court with a petition. The oral statement is recorded in the minutes in the presence of the court judge.
- Content of the Declaration of Refusal: In the declaration of refusal, it must be clearly stated that the heir unconditionally and unconditionally rejects the inheritance. It is not possible to reject part of the inheritance and accept part of it.
- Registration: The court registers the declaration of refusal in the special registry and, upon request, gives the refusing heir a document showing this situation.
Consequences of Rejection of Inheritance
- The person who rejects the inheritance loses the title of heir. Therefore, he/she cannot claim any rights on the assets of the heir.
- The most important consequence is that the person who rejects the inheritance is relieved from being responsible for the debts of the heir.
- The share of the heir who rejects the inheritance passes to his/her descendants (children, grandchildren), as if that heir died before the heir. If his/her descendants also want to reject the inheritance, they must make a separate declaration of rejection.
- If all legal heirs reject the inheritance, the estate is liquidated by the Civil Court of Peace according to the provisions of bankruptcy and the remaining value is given to the beneficiaries (heirs).
Rejection of inheritance is an important right recognised by law for heirs who do not wish to be liable for the debts of the heir with their personal assets. The heirs are required to unconditionally and unconditionally reject the inheritance by applying to the Civil Court of Peace in the last place of residence of the heir within the 3-month grace period from the date they learnt of the death of the heir. It is of vital importance not to miss these periods and to make the declaration of refusal in accordance with the procedure in order to avoid loss of rights. Due to the legal consequences and technical details of the process of refusal of inheritance, it will be beneficial to get consultancy from an inheritance law lawyer in order to manage the process correctly.