ATTORNEY GİZEM GONCE
What Is a Renunciation of Inheritance Agreement?
In this article, I will discuss renunciation of inheritance agreements and their legal consequences with my valued readers.
The conditions and consequences of a renunciation of inheritance agreement are regulated in Article 528 of the Turkish Civil Code. It states;
Article 528 of the renunciation of inheritance agreement; The testator may enter into a renunciation of inheritance agreement with an heir, either gratuitously or in return for consideration. The person renouncing loses their status as an heir. Unless otherwise stipulated in the agreement, a renunciation in return for consideration also applies to the descendants of the renouncing party.
is the provision established. In a renunciation of inheritance agreement, heirs declare that they will not be heirs and will not receive a share of the inheritance while the testator is still alive, thereby renouncing their status as heirs. The most important issue in this agreement is that the testator and their legal heirs reach a mutual agreement regarding the movable and immovable properties subject to inheritance and document their renunciation declarations by signing the agreement. The renunciation of inheritance agreement and the rejection of inheritance are often confused. However, both are separate legal matters, and their conditions and procedural processes in practice are different. Rejection of inheritance is only possible through legal proceedings taken after the death of the testator. One cannot apply for the rejection of inheritance while the testator is alive. In this case, only a renunciation of inheritance agreement can be made. With a renunciation of inheritance agreement, the heir-to-be’s status as an heir ends. The most important requirement for a renunciation of inheritance agreement to be valid is that the testator also accepts the renunciation of inheritance. In renunciation of inheritance agreements, both the testator and the legal heir must clearly and explicitly put their renunciation into writing and sign it. Complying with the written form requirement for agreements is important for the purpose of proof.
As clearly stipulated in Article 528 of the Turkish Civil Code; the testator may enter into a renunciation of inheritance agreement with an heir, either gratuitously or in return for consideration, and the provision of consideration is a point that requires particular attention. While alive, the testator may establish in the agreement text that heirs will renounce their inheritance in return for consideration, detailing this in the agreement.
With a renunciation of inheritance agreement, heirs waive their inheritance shares, which they would have acquired after the death of the testator, either partially or entirely. The most significant aspect of a renunciation of inheritance agreement is the point of inducing an heir with a reserved share to renounce their inheritance. The testator can reach an agreement with individuals they do not wish to be their heirs after their death and request that they renounce their inheritance. The exact opposite of this is also frequently encountered today. To give an example: a mother, while leaving her inheritance to her two daughters after her death, might enter into a renunciation of inheritance agreement with her financially better-off heir against her sick and dependent heir. The primary purpose here is for the mother to protect her dependent heir after her passing and, by obtaining the consent and agreement of her other heir through a renunciation of inheritance agreement, leave all or part of her inheritance to the dependent one. A renunciation of inheritance agreement is a negative testamentary contract by nature. Furthermore, it is considered a disposition mortis causa by the testator. The heir who renounces the inheritance waives their status as an heir that would arise in the future.
The most important requirements for the validity of renunciation of inheritance agreements are that they must be executed like an official will. The parties to the renunciation of inheritance agreement must sign their declarations of intent before an authorized official and in the presence of two witnesses. Who those authorized officials are is regulated in practice and doctrine as follows: it must be carried out by a civil court of peace judge, a notary public, or persons who have been granted such authority by law. It is also important for the validity of the agreement that the witnesses sign every page of the renunciation of inheritance agreement.