1-What is Renunciation of Inheritance?

1-What is Renunciation of Inheritance?

Renunciation of inheritance means a person waiving their right to an inheritance when they are named as an heir or when inheritance rights are established. In other words, the person refuses to exercise their payment or inheritance rights. In this case, the individual waives the rights and responsibilities that the union of persons entails. Renouncing an inheritance can be done in many different ways. For example: 1. Avoiding Debts: Instead of accepting their succession, a person may renounce the inheritance, considering that it may contain potential debts or liabilities. In this way, not accepting the share also means not accepting any potential debts.

2- How is Renunciation of Inheritance Made Between Siblings?

A renunciation of inheritance contract between siblings is not a possible scenario. A renunciation of inheritance contract is made only between the person leaving the inheritance and their heir. It is not possible for siblings to come together and create a renunciation of inheritance contract among themselves. As for a contract for the assignment of inheritance rights, a situation among siblings may arise if an heir shares their own portion of the estate left by the deceased with other individuals. An heir may transfer a specific amount of the inheritance they hold to other people. However, this situation does not fall under a renunciation of inheritance contract. If an heir shares the inheritance they hold, there may be a situation where they receive money. However, even in this case, it is not possible to put forward a renunciation of inheritance, nor is it possible to follow the conditions brought by a renunciation of inheritance contract. In other words, siblings creating a renunciation of inheritance contract among themselves or sharing their portion of the inheritance with their siblings is not accepted as a renunciation contract.

3-How is Unilateral Renunciation of Inheritance Made?

Unilateral renunciation of inheritance means a person waiving their inheritance by their own will. This process is usually recorded subject to specific legal procedures. First, it is important to seek legal advice on whether it is necessary to renounce the inheritance.

4-How is a Renunciation of Inheritance Contract Made at a Notary Public?

A renunciation of inheritance contract is prepared at a notary public in the presence of the notary. An example of a renunciation of inheritance contract is prepared as follows;

(Name of the person leaving the inheritance) came to our office and declared the following:

“I have paid (amount of value) in cash to my heir, my daughter/son (name of the heir) for the title deed and all the values of the residence I own. Along with this, my daughter/son will renounce the inheritance passed down from me. They will not demand any rights to the inheritance coming from me.” The heir makes a statement to this effect.

(Name of the person renouncing the inheritance) begins to speak:

“I accept the words stated by my father. I received (value of the amount) in cash from him. As an heir, I renounce this value coming from the residence. I will not accept any claims coming from this inheritance in my own declaration.” The person renouncing the inheritance completes their sentence.

This prepared contract is read and signed by the person leaving the inheritance and the person renouncing the inheritance. Afterward, the notary officials read and approve the contract in the presence of the parties. Finally, the process of renunciation of inheritance at the notary is completed with the notary's seal. The transaction performed here is accepted after the mutual approval is received. At the same time, when obtaining a renunciation contract from a notary, two witnesses are also required. The witnesses must bear witness to this mutual acceptance. And they sign the contract to attest that they are witnesses. These people can also be from the family. The notary's seal on documents prepared in the presence of a notary is important for the contract to gain full certainty.

5-Can a Guardian Make a Renunciation of Inheritance Contract?

Legally, it is possible for a guardian to make a renunciation of inheritance contract. For a person to be able to make an inheritance contract, they must have the power of discernment, have information about the inheritance, and be of legal age. There are certain conditions for renunciation of inheritance contracts. Among these conditions, the age of the individuals is also important. That is, turning 15 means that one is eligible to renounce an inheritance. For people under 15, it is not possible to renounce an inheritance or perform transactions related to inheritance. For these individuals, the adults accompanying them must have a say. However, if the individuals have reached the age of 18, they can have a say here and sign renunciation of inheritance contracts. The power of discernment is also required for a renunciation of inheritance contract. In accordance with the legal explanations of the authorization and supervisory authorities, it is deemed necessary for guardians to be able to make renunciation of inheritance contracts. This situation has also been legally approved. At the same time, because these individuals possess the power of discernment regarding inheritance, renunciation of inheritance, and similar concepts, they are competent to have a say in this matter and carry out the necessary procedures.

6- How is a Renunciation of Inheritance Contract Made Between Siblings?

The inheritance resulting from the death of a mother or father is divided among the children. However, there may be siblings who want to waive and renounce the inheritance of their own volition. In such cases, an example of a renunciation of inheritance contract between siblings is sought. However, a renunciation contract is made only between the inheritance owner and the heir.

Due to the lack of an example of a renunciation of inheritance contract between siblings, there is a different type of contract that siblings can make.

Instead of a renunciation contract, siblings should make a contract for the assignment of inheritance rights. However, this contract provides the opportunity to receive money from the inheritance or to transfer the right to another heir.

It is a matter of curiosity to whom heirs can transfer their share rights when they cannot create a renunciation of inheritance contract between siblings and instead make a contract for the assignment of inheritance rights. Heir siblings can transfer their inheritance rights and shares to another heir sibling, other heir siblings, or a third party.

7-In What Cases is a Renunciation of Inheritance Contract Cancelled?

A renunciation of inheritance contract is generally a legal document in which a person waives their inheritance. However, this contract can be cancelled due to certain legal conditions and changes. The cancellation process can generally vary depending on the characteristics of the country or state and the terms of the contract. Here are some common reasons for which a renunciation of inheritance contract may be cancelled: Mistake or Fraud: If a renunciation of inheritance contract was signed in a misleading way due to a mistake or fraud, it can be cancelled for this reason. In cases where a person is misinformed about the content of the contract or signs the contract under duress, it is possible for the contract to be cancelled. Cases include being deceived by fraud, being misled as a result of a mistake, being intimidated by threats or fraud, being contrary to law and morality, lacking formalities, or the disposer being incompetent.