30 Jul REFUSAL TO REVOKE THE INHERITANCE
When the inheritance is rejected, the bequeathed person will not be able to acquire the title of heir from the moment of his death. For this reason, the rejection of the inheritance effectively results in the past. The legal regulation on this is TMK m. it is contained in articles 611- 613. In accordance with these articles, we can list the consequences of the refusal of the inheritance as follows:
If one of the legal heirs refuses the inheritance, his share passes to the rightful owners, as if he himself was not alive when the inheritance was opened.
If one of the designated heirs refuses, his share remains with the nearest legal heirs of the testator, unless it is understood that the testator’s desire for death-related savings is otherwise.
The inheritance, which is rejected by all the closest legal heirs, is liquidated by the magistrate’s court in accordance with the bankruptcy provisions. At the end of the liquidation, the remaining values are given to the right holders, as if they have not refused the inheritance.
If the entire subordinate refuses the inheritance, their share passes to the surviving spouse.
REFUSAL TO REVOKE THE INHERITANCE
In order to protect the receivables of the heir, a regulation has been made in the law on the cancellation of the refusal of the inheritance. In some cases, the refusal of the legal heir who refuses the inheritance may be canceled. TMK m. in accordance with 617:
If the heir, whose assets are not sufficient for the debt, refuses the inheritance in order to harm his creditors; his creditors or the bankruptcy administration may file a lawsuit against the cancellation of the refusal within six months starting from the date of refusal, unless they have been given sufficient assurance.
If it is decided to cancel the refusal, the inheritance will be officially liquidated.
If something falls on the share of the heir who refuses the inheritance, which is thus liquidated, the receivables of the objecting creditors are paid first, then the receivables of the other creditors. The remaining values, on the other hand, are given to the heirs who will benefit from it even if the refusal is valid.
Creditors of the heir who has refused the inheritance can file a lawsuit for cancellation of the refusal within a period of 6 months if they believe that the heir, whose assets are not enough for the debt, has refused the inheritance in order to harm them. This period is an unfair period and no lawsuit can be filed after it. The court in charge of the cancellation case is the Court of First Instance.
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