Revocation of a Will in Inheritance Law

Revocation of Wills in Inheritance Law

Another of the most important topics in inheritance law is wills. I would like to briefly discuss the issue of revoking a will. It is observed in practice and in Court of Cassation decisions that if a second will complements the first in a way that leaves no room for doubt, the second will replaces the first. As a rule, it is accepted that the second will terminates the first. Regarding the revocation of a will, revocation by destruction is encountered. Article 543 of the Civil Code regulates the issue of revocation of a will by destruction in detail.

It is stated that “The testator may also revoke a will by destroying it.”

The point to be noted in this article is that while the person is destroying their will, they must act with the intent to terminate or revoke that will. How a person may destroy a will is clearly illustrated in examples provided in Court of Cassation decisions. For instance, it is possible to destroy a handwritten will by tearing it up, scribbling over it, crossing it out, or making it illegible. The essential point is that the person acts with the intent to revoke. This is because a person might also destroy a handwritten will by mistake while attempting to clean up their documents without the intent to revoke. At this point, the second paragraph of Article 543 of the Turkish Civil Code comes into play.

A point that must be emphasized is that the person must act with the intent to revoke. Subsequently, the person must destroy their will with this intent. In particular, scribbling over, crossing out, burning, or tearing up a handwritten will in a way that makes it illegible is considered the destruction of the will. In this case, the revocation of the will and the withdrawal of the will are in question. In the event that a handwritten will has been deposited with a notary, the original will held at the notary must also be retrieved and destroyed.