Inheritance contracts are one of the legal transactions that allow the testator to shape the disposition authority regarding his/her estate under certain conditions in advance. According to the Turkish Civil Code, an inheritance contract means the bilateral arrangement of dispositions related to death and the granting of certain rights by the testator to his/her heirs or third parties. The subject of inheritance contracts is supported by articles 514 to 516 and 528 to 529 of the Turkish Civil Code. These articles cover issues such as the structure of the inheritance contract, its types, validity conditions, waiver and termination situations.
A testamentary contract is not a unilateral act like a will; it is an arrangement based on mutual agreement. In this blog post, we will examine in detail the definition of a testamentary contract, its legal nature, and its termination methods and application examples.
1. Definition and Importance of the Inheritance Contract
The inheritance contract is one of the legal dispositions that the testator makes on his/her estate after his/her death. This disposition is a contract made by the testator while he/she is alive and becomes valid in accordance with certain conditions and obligations. The inheritance contract allows the testator to have a say in the distribution of his/her properties after his/her death and contributes to the fulfillment of the testator's last wishes.
2. Legal Nature of the Inheritance Contract
The legal nature of the inheritance contract is a form of testamentary disposition that has a special place within the framework of the Turkish Civil Code. This contract is a legal transaction that regulates the mutual rights and obligations of the parties and includes testamentary dispositions. The inheritance contract, unlike contracts in the law of obligations, is subject to a certain form requirement and must be made in the presence of a notary in order to be valid.
3. Types of Inheritance Contracts
Inheritance contracts can be drawn up in two main types: positive and negative:
a. Positive Inheritance Contract: The testator undertakes to leave all or a certain part of his inheritance to an heir or a third party.
b. Heir Appointment Contract: In this type of contract, the testator appoints a person as an heir.
c. Specific Property Leave Agreement: The testator leaves a specific property in his estate to a person.
d. Inheritance Contract for the Benefit of a Third Person: The contract is made in favor of a third person.
e. Negative Inheritance Contract (Renunciation of Inheritance): There is a situation where the heir renounces his right to inheritance.
4. Capacity to Conclude an Inheritance Contract
The capacity to make a testamentary contract requires full capacity according to the Turkish Civil Code. The person who will make the testamentary contract must have legal capacity and be able to freely express the necessary will statements during the contract. This is an important condition for the validity of the testamentary contract.
5. Conditions for Validity of the Inheritance Contract
In order for an inheritance contract to be valid, the conditions set forth in the Turkish Civil Code must be complied with. These conditions ensure that the inheritance contract becomes a legally binding document:
a. Form Requirement: The inheritance contract must be drawn up in the presence of a notary. The notary must ensure that both parties understand the content of the inheritance contract and must observe that the parties have signed this contract with their free will. This form requirement is mandatory for the validity of the inheritance contract.
b. Capacity Requirement: The parties who will make an inheritance contract must have full capacity. A person who does not have legal capacity cannot make this contract. In addition, it is important that the parties are not under any pressure when making the contract and that they make their decisions with their free will.
c. Subject of the Contract: The inheritance contract must include a disposition that will be valid after the death of the testator. The contract may include provisions regarding the distribution of the assets in the estate among the heirs.
6. Cases of Cancellation and Termination of the Inheritance Contract
The inheritance contract can be cancelled or terminated under certain conditions. Cancellation and termination processes are important for resolving legal disputes that may arise during the validity of the contract:
a. Cancellation Due to Disability of Will: The party who is exposed to disability of will (mistake, deception or intimidation) during the conclusion of the contract may request the cancellation of the contract by proving this situation.
b. Unilateral Termination: The inheritance contract may be terminated unilaterally upon the request of one of the parties. However, in this case, the conditions specified in the contract must be complied with.
c. Breach of Contract: When one of the parties fails to comply with the obligations specified in the contract, the other party may apply to the court for termination of the contract.
7. Reasons for Termination of the Inheritance Contract
Although the inheritance contract is a legal transaction that becomes valid with the death of the testator, it can be terminated in some cases. The reasons for the termination of the inheritance contract can be listed as follows:
a. Death of Parties: The inheritance contract automatically terminates with the death of one of the parties.
b. Withdrawal from the Contract: The parties may withdraw from the contract by mutual consent. In this case, the contract is terminated by an agreement between the parties.
c. Failure to Use the Right: If the transactions required to be carried out within a certain period of time in the inheritance contract are not carried out, the contract automatically terminates.
d. Other Reasons for Termination: Legal restrictions or restrictions on the testator's authority to dispose of the inheritance may also lead to the termination of the contract.
8. Application Examples Regarding Inheritance Contracts
The inheritance contract is a legal transaction frequently encountered in practice, and can be arranged in various ways according to different scenarios. For example, a family's prior inheritance contract for the division of the inheritance secures the heirs' future claims in advance. As another example, the testator may undertake to donate a certain portion of his or her assets to charitable institutions. This situation is determined in advance by the inheritance contract and is legally secured.
9. Advantages and Disadvantages of the Inheritance Contract
The inheritance contract has both advantages and disadvantages for the testator and the heirs. These aspects constitute an important evaluation process for those who are considering making an inheritance contract.
Advantages
a. Freedom of Disposition of the Testator: The testator's inheritance contract provides the testator with full freedom of disposition over his/her estate. The testator has the right to distribute his/her properties at his/her own will and to impose certain conditions.
b . Prevention of Disputes Between Heirs: The inheritance contract prevents legal disputes that may arise between heirs and ensures the peaceful sharing of the assets in the estate.
c. Possibility of Making Donations to Third Parties: The testator can secure the lives of people other than the heirs by donating the assets in his estate to charitable institutions or third parties.
d. Strengthening the Relationship of Trust Between Heirs: The inheritance contract increases the trust between the heirs and provides assurance that the inheritance will be shared fairly.
Disadvantages
a. Dependence on the Will of the Testator: Although the inheritance contract reflects the will of the testator, in some cases it may not meet the expectations of the heirs.
b. Risk of Invalidity in Case of Non-Compliance with Form Conditions: In order for the inheritance contract to be valid, it must be made in the presence of a notary. If this condition is not met, the contract is deemed invalid.
c. Risk of Restricting the Rights of Heirs: The inheritance contract may create certain obligations on the heirs and, in some cases, may restrict the rights of the heirs.
10. Legal Dimension of the Inheritance Contract and Court Decisions
The inheritance contract is a form of testamentary disposition regulated under the Turkish Civil Code and has a wide place in the Turkish legal system. This type of contract is frequently brought up in court decisions, especially those related to inheritance law, and is shaped by various judicial precedents. The decisions of the Supreme Court provide an important guide to the implementation and validity conditions of the inheritance contract.
The precedents determined by the Supreme Court, especially on issues such as the cancellation and termination of inheritance contracts, are guiding in the implementation of inheritance contracts. These court decisions protect the rights of the testator and the heirs and detail the legal dimension of inheritance contracts.
11. Differences Between an Inheritance Contract and a Will
A will and testament are both death-related dispositions, but they differ in several ways. These differences may affect the testator's decision on which form of disposition to use.
a. Unilateral and Mutual: While a will is a unilateral act, a testamentary contract is based on a mutual declaration of will. While a will is a transaction that the testator can do alone, a testamentary contract is based on mutual agreement.
b . Form Requirements: A will can be made by the testator in a notary, handwritten or official form. A testamentary contract must only be made in the presence of a notary and in an official form.
c. Cancellation and Termination Process: While a will can always be unilaterally cancelled by the testator, in a testamentary contract, certain conditions must be met for cancellation. This makes the testamentary contract more binding.
d. Rights and Obligations of the Parties: While an inheritance contract creates rights and obligations between the parties, a will does not contain such an obligation.
12. Matters to be Considered When Making an Inheritance Contract
The inheritance contract creates many legal rights and obligations between the testator and the heirs. Therefore, there are some important points to consider when making the contract:
a. The Content of the Contract Should Be Clear and Unambiguous: The content of the inheritance contract should clearly state the wishes of the testator and the rights of the heirs. All details should be written completely and clearly to avoid any misunderstandings.
b. To be made in the presence of a notary: The inheritance contract must be made in the presence of a notary. The notary ensures the validity of the contract by checking whether the parties have freely expressed their will.
c. It is based on the will: It is important that the parties are not under any pressure when making the contract. Contracts made under force or any other reason that impairs the will are invalid.
d. Determination of Rights on the Estate: In the inheritance contract, arrangements regarding the assets in the estate after the death of the testator should be made in detail.
e. Elimination of Possible Disputes: When making an inheritance contract, all rights and obligations of the parties should be clearly stated in order to prevent disputes that may arise in the future.
Paying attention to these issues is important for the validity of the inheritance contract and its safe implementation between the parties.
13. Situations in Which the Inheritance Contract Is Considered Invalid
There are some situations where the inheritance contract is not considered valid. These situations cause the contract to become void from the beginning. Here are the situations where the inheritance contract is considered invalid:
a. Failure to Comply with the Form Requirement: If the inheritance contract is not made in the presence of a notary, the contract is deemed invalid.
b . Lack of Capacity: If the person making the inheritance contract is incapacitated, the contract is void. Inheritance contracts made by people who are not fully competent are not considered legally binding.
b. Incapacity of Will: In cases such as mistake, deception or intimidation, the inheritance contract may be deemed invalid. The party who suffers from incapacity of will may have the contract cancelled by proving this situation.
c. Containing Provisions Contrary to Law or Morality: If the provisions in the inheritance contract are contrary to law or morality, the contract is invalid.
d. Collusion: If the contract was made based on a secret agreement between the parties, it may be deemed invalid due to collusion.
In these cases, the inheritance contract becomes legally invalid and the parties cannot claim any rights based on this contract.
14. Frequently Asked Questions About the Inheritance Contract
The inheritance contract is the subject of many frequently asked questions among heirs. Here are some frequently asked questions about the inheritance contract:
a. What is the difference between a testamentary contract and a will?
While an inheritance contract is based on a mutual agreement, a will is a unilateral declaration of will.
b. How to Make an Inheritance Contract?
The inheritance contract is made in the presence of a notary and the parties must be fully competent.
c. What Happens If the Inheritance Contract Becomes Invalid?
If the contract is deemed invalid, the parties cannot claim rights based on this contract.
d. In what cases can an inheritance contract be cancelled?
The contract may be cancelled in cases such as disability, non-compliance with the form requirement or unlawfulness.
These questions and answers are an informative guide on the subject of inheritance contracts and clarify issues that the parties are curious about.
In Turkish law, an inheritance contract is an important legal transaction that allows the testator to make predetermined arrangements regarding how the assets will be shared after the testator's death. An inheritance contract determines the mutual rights and obligations of the testator and the heirs, ensuring that the assets in the estate are shared fairly and regularly. This type of contract offers a great advantage, especially in terms of preventing future disputes between the heirs and fulfilling the testator's last wishes.
The basic points to be considered when making an inheritance contract include elements such as being made in the presence of a notary, the parties being fully competent and complying with the formal requirements. These conditions ensure the legal validity of the inheritance contract. However, in cases such as will disability, collusion or lack of formality, the contract may be deemed invalid and the parties cannot claim rights based on this contract.
In summary, the inheritance contract allows the testator to dispose of the assets as desired, while at the same time ensuring a peaceful and fair sharing between the heirs. In Turkish law, the inheritance contract is one of the cornerstones of inheritance law and plays a major role in the distribution of inheritance by balancing the relationships between the heirs. In the future, it is expected that the application of inheritance contracts will increase even more and become more comprehensive with the regulations to be made in the field of inheritance law.