Paylaş: What are the Actual and Judicial Waivers of Inheritance?
In Turkish law, there are two types of waiver of inheritance: the actual waiver and the judicial waiver. The actual waiver allows heirs to reject the inheritance within a specific period, while the judicial waiver is applicable if the deceased's estate is over-indebted. This article explains the common provisions for both types.
Inheritance Chain and Right to Claim
If an heir who has waived an inheritance was also an heir to a previous estate, they lose the right to claim that inheritance. Once the chain breaks, no further claim can be made.
Unconditional Waiver Requirement
Both types of waiver must be unconditional. If the waiver is made through an attorney, specific authorization must be granted in the power of attorney document.
Can an Heir Revoke the Waiver of Inheritance?
For actual waiver, it becomes effective once the unilateral declaration reaches the probate court. Reversal is only possible if all other heirs consent.
Loss of Right to Waive Inheritance
The right to waive inheritance is forfeited if the heir performs any act implying acceptance of the estate. For example, paying the deceased's debts or handling their property is deemed acceptance.
Examples of Actions Leading to Forfeiture:
- Paying the deceased's debts
- Handling the deceased’s assets
- Paying inheritance and transfer tax
- Engaging in transactions related to the estate without necessity
Widow and Orphan Pension Rights in Waiver of Inheritance
Heirs who waive the inheritance can still apply for widow and orphan pensions. Obtaining an inheritance certificate does not cancel the right to waive.
Waiver by Legal and Appointed Heirs
When a legal heir waives the inheritance, their share is transferred to the remaining heirs. If appointed heirs waive, the inheritance passes to the closest legal heirs. If all legal heirs waive, the estate is liquidated under bankruptcy law, with any remaining value distributed among the heirs who waived the inheritance.
Annulment of the Waiver of Inheritance
Creditors may file an annulment lawsuit in the civil court if they prove that the waiver harms their interests. This lawsuit must be filed within six months from the waiver date. Annulment is also possible if the deceased transferred assets to heirs within five years before their death.
Frequently Asked Questions
Question: Is it possible to reverse a waiver of inheritance?
Answer: For an actual waiver, reversal is possible only with the consent of all heirs.
Question: Can heirs who waived the inheritance still apply for widow and orphan pensions?
Answer: Yes, heirs who waived inheritance retain the right to apply for widow and orphan pensions.
Conclusion and Summary
The actual and judicial waivers of inheritance protect heirs from inheriting the deceased's debts. Legal and appointed heirs can waive the inheritance under certain conditions, but they should avoid actions that imply acceptance of the inheritance.
This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.
