Can I leave my inheritance to anyone I want?

Can I Leave My Inheritance to Anyone I Want?

Inheritance Contracts

In this article, I will discuss inheritance contracts and their types to answer the questions I receive most frequently from you, my valued readers: "Can I leave my inheritance to someone I want before I die? Can I decide the proportions of my inheritance among my heirs?"

Inheritance contracts are one of the most important topics in inheritance law. As you know, there are two forms of inheritance contracts. These are positive inheritance contracts and negative inheritance contracts.

The most important point to know when it comes to positive inheritance contracts is that the person leaves their entire estate, a specified portion of it, or a specific asset to the person with whom they have made the contract or to a third party. This situation is referred to as an inheritance contract in inheritance law.

Instead of the term negative inheritance contract, the term "inheritance waiver contract" is used in inheritance law. In an inheritance waiver contract, the testator and their future heirs sign a declaration stating that they will not be heirs. The main issue here is that the parties stipulate through the inheritance waiver contract that the status of heirship will not be held in the future.

The procedures and principles of positive inheritance contracts are regulated in Article 527 of the Turkish Civil Code No. 4721.

TMK Article 527 - The testator may, through an inheritance contract, assume the obligation to leave their estate or a specific asset to the person with whom they have made the contract or to a third party. The testator may continue to dispose of their assets freely as before; however, their dispositions mortis causa or donations that are incompatible with their obligations under the inheritance contract may be challenged.

As can be seen from an examination of the text of this article, significant rights are granted to the testator to dispose of their inheritance. The testator may make a disposition mortis causa in favor of the other party to the inheritance contract, or they may make a disposition mortis causa in favor of a third party who is not a party to the contract.

In an inheritance contract, the testator may appoint a person as an heir or may bequeath a specific asset to a person. The opportunity is provided to make these testamentary dispositions in favor of the other party to the inheritance contract as well as in favor of a third party who is not a party to the contract.

In practice, inheritance contracts are divided into two categories: unilateral and bilateral. Although it is clearly regulated that contracts are always bilateral in the sense of the Turkish Code of Obligations, they differ in their legal meaning and nature.

If only one party makes a disposition mortis causa in an inheritance contract, this is called a unilateral inheritance contract. To give an example; if the testator appoints the other party to the contract or a third party not involved in the contract as an heir, or bequeaths a specific asset to them, a unilateral inheritance contract is said to exist. In a bilateral inheritance contract, both parties make dispositions mortis causa of their own free will. Inheritance contracts are subject to formal requirements. In practice, both parties make their declarations of intent before an official, in the presence of a notary public.

Another distinction in inheritance contracts is between inheritance contracts with consideration and inheritance contracts without consideration. The person making a disposition mortis causa in an inheritance contract must have the capacity to enter into such a contract. Persons who have full legal capacity, are of sound mind, and are of legal age have the right to enter into inheritance contracts. It is not possible for persons under guardianship to enter into inheritance contracts. There is no requirement for the party constituting the other side of the inheritance contract—in other words, the person not making the disposition mortis causa—to have full legal capacity. However, in general, the capacity rules regulated in the Turkish Code of Obligations are taken into account.

Inheritance contracts are carried out through a testator's disposition mortis causa. Because the right to make a disposition mortis causa is a strictly personal right, it is not legally possible to do so through legal representation or by appointing a proxy. Therefore, there is a prohibition on legal and voluntary representation. In inheritance contracts, the party making the disposition mortis causa cannot be represented by a legal representative or a voluntary agent.

When you wish to enter into an inheritance contract, requesting that it be prepared before an authorized official, in the presence of a notary public, and with legal assistance from a lawyer is important for protecting your rights and the inheritance rights of your heirs after you. I wish you healthy days.

Attorney Gizem GONCE