20 May PETITION FOR ANNULMENT OF THE WILL
-EXAMPLE PETITION-
ANKARA SENTINEL ( ) TO THE COURT OF FIRST INSTANCE
THE PLAINTIFF IS THE HEIR: A….. B….. (T.C.:……………..)
address
attorney :
address
THE DEFENDANT: D….. B…..(T.C.:……………..)
SUBJECT OF THE LAWSUIT: It is one of our requests that the will be revoked and decided to be revoked.
INSTRUCTIONS
The plaintiff who requested the revocation of the will from your court with this petition is the client and the defendant are brothers and their father is Muris C….B…. (October 1) , where the identification information of the murise is presented in the October of the petition../../…. He passed away on his date. October 2), as can be understood from the inheritance decree (Annex-2) that we have submitted in the annex to the petition, the plaintiff is the sole heirs of the client and the defendant muris. October 2011, the defendant Muris is the sole heir of the defendant muris.
Muris ../../…. In the history of Ankara .. Although he has issued a will (Annex-3) at his notary public, there has been a need to request its cancellation since the October will is not in the necessary legal conditions.
Firstly, the will in question is regulated in all aspects in violation of procedure and law. The will, which is clearly prepared for the purpose of smuggling goods from the client who is the legal heir of the registered shareholder and the muris, is an encroachment on the rights of the client who is the heir.
Although it was stated that such a will was drawn up in accordance with the Decease maintenance agreement between muris and the defendant, as is known to the entire murisin environment, muris was never left in a position to require such a contract. Muris, a retired civil servant, lived alone in his house until his death, during which time he was able to provide himself with his food, cleaning, and all the needs of his home. Muris did not have a health problem that would negatively affect his life and therefore did not live a life that would require care.
Even if we think for a moment that the defendant and the muris have made this contract for the reason of maintenance, the fact that the defendant lives in their own home with their family on the date of the contract and the muris lives alone in their own residence reveals that such maintenance has never occurred. However, in order for a person in need of such care to issue a will at a notary office, the presence of a medical report from a full-fledged hospital should be observed, while the absence of such a report even reveals the disability of the transaction performed.
In this way, it is fixed that the will prepared in cooperation with the defendant and the murisin violates the client’s rights arising from the law by violating their reserved shares. In order to prevent the client from losing his rights in this way, we request that the will be annulled and revoked in this case and that the loss of rights suffered by the client be eliminated in this way.
LEGAL REASONS: TMK, HMK, Law on Advocacy and other relevant legislation
EVIDENCE : Population registration information of the Muris, Inheritance decree, ../../…. In the history of Ankara .. A will issued by a notary, a witness, etc. all delail
CONCLUSION AND CLAIM : With all the reasons described above and re’ you will be considered by your Court:
1-First of all, our case containing the requests listed above will be accepted and the will will will be revoked and revoked,
2-We offer and request by proxy that the decision to leave the trial costs and the power of attorney fee to the defendant is also made. 28/10/2021
Plaintiff A….. B….. Attorney
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