Inheritance Contracts under Turkish Civil Code

Inheritance contracts are an important aspect of estate planning and succession management. In Turkey, the Turkish Civil Code provides regulations regarding inheritance contracts, which are divided into two categories: positive inheritance contracts and negative inheritance contracts. Positive inheritance contracts oblige the inheritor to leave a certain portion of their inheritance or property to the person they have contracted with or to a third party. In contrast, negative inheritance contracts involve the renunciation of inheritance rights by the inheritor.

Article 527 of the Turkish Civil Code regulates positive inheritance contracts. According to this article, the inheritor may be obliged to leave their inheritance or specific property to the person they have contracted with or to a third party.  Under a positive inheritance contract, the inheritor may appoint a person as the heir or bequeath specific property to an individual. This can be in favor of the party to the contract or a third person not involved in the contract.

The renouncer loses their title of heirship, and unless otherwise stipulated in the agreement, the renunciation of inheritance by providing a provision shall also have consequences for the heirs of the renouncer. Article 528 of the Turkish Civil Code regulates the renunciation of inheritance. According to this article, an heir may enter into a contract of renunciation of inheritance with another heir without consideration or in return for consideration. The renouncer loses the title of heirship and is not entitled to any portion of the inheritance.

The renunciation of inheritance must be made in writing and signed by the renouncer and two witnesses. Unless otherwise stipulated in the agreement, the renunciation of inheritance by providi Furthermore, the renunciation of inheritance does not affect the rights of any other heirs or beneficiaries named in the will or under the law. They will still receive their rightful portion of the inheritance, and the renouncer’s portion will be distributed accordingly. Article 528 of the Turkish Civil Code provides a legal framework for the renunciation of inheritance.

It is important to note that to make a death-dependent disposition in an inheritance contract, the party must have the capacity to do so. The person must have the power of discernment, be an adult, and not be restricted. However, the other party to the inheritance contract, the one who does not make a testamentary disposition, is not required to have full capacity. In a waiver of inheritance contract, the heir who waives the inheritance must have full capacity.

Inheritance contracts in Turkey must be made in the form of an official will. Officials authorized by law to issue official wills, such as the judge of the civil court of peace, notaries public, and Turkish consulates in foreign countries, have the right and authority to issue official wills. Additionally, the inheritance contract must be made in the presence of two witnesses.

In conclusion, inheritance contracts are a crucial tool for managing estates and ensuring a smooth succession process. Positive inheritance contracts obligate the inheritor to leave a certain portion of their inheritance or property to the person they have contracted with or a third party. In contrast, negative inheritance contracts involve the renunciation of inheritance rights. It is important to understand the legal regulations and requirements when entering into an inheritance contract in Turkey to ensure its validity and effectiveness.