10 May Rejection Of Heritage
Rejection of inheritance is defined as the rejection of the rights and obligations of the inheritance formed by legal or appointed heirs upon the death of the inheritor with all kinds of debts and receivables of the deceased.
According to the principles of inheritance law, legal and appointed heirs acquire the title of inheritor by themselves upon the death of the inheritor. When the title of inheritor is acquired, they are not only responsible for the debts of the inheritor but also for their own personal property assets.
MK. According to 599, the inheritance passes immediately and by law to the heirs upon the death of the inheritor. As a rule, heirs do not need to disclose a will. In other words, the inheritor’s receivables and debts pass to the heirs, and the heirs are responsible not only for this but also for their own personal assets. For cases where the inheritor is in debt in this way, there is a “rejection of the inheritance” institution so that heirs are not responsible for it.
The inheritance may be denied only after the death has occurred, as the inheritance will spontaneously pass to the heirs upon the death of the inheritor. The inheritor does not have the right to refuse without dying. Denial of inheritance, Civil Code (MK) 605-618. the clauses are arranged between.
Appointed or legal heirs can claim “rejection inheritance ” in two ways:
True Denial Of Legacy
Judicial Rejection Of Inheritance
WHAT IS THE TRUE DENIAL OF HERITAGE?
MK m.609 the inheritance is rejected by the inheritor, who has the power to distinguish and is an adult, either verbally or in writing, and when the inheritor reports to the Magistrates Court of the last settlement the unconditional declaration that they reject the inheritance. The rejection statement in question is not subject to any form condition. It will be sufficient to inform the court in writing or oral form.
With the declaration of rejection of the inheritance, the right to be heir shall be eliminated while the heir shall be relieved of responsibility for his / her debts.
– The declaration of rejection of persons without full license is made by the legal representative.
– MK m for the custodians.According to 463, besides the declaration of the Guardian, the permission of the magistrates or courts of first instance is also required .
– In persons without a limited license, either he or his legal representative can declare a rejection directly with the approval of the legal representative.
– In the property partnership regime, one of the spouses cannot refuse a property that will enter into the property of the partnership without the consent of the other and cannot accept it if the property is submerged in debt (MK m.225).
The refusal statement must be indifferent and unconditional (MK m.609). Otherwise, the heir wins the inheritance, as the declaration of rejection is invalid and contingent. The exception to this is MK m.It is the rejection of the inheritance in favor of the heir who came later, held in 614. Here heirs who reject the inheritance may request that the heirs who come after them be invited to accept or reject the inheritance before the formal liquidation of the inheritance. Then the refusal shall be officially communicated to the heirs. If these heirs do not accept the inheritance within one month, the inheritance will be considered rejected by them as well and the inheritance will be liquidated according to the provisions of bankruptcy(TMK m.614)
HOW TO DENY INHERITANCE
The inheritor may reject the inheritance by making a written or oral declaration to the Magistrates Court in the last settlement(TMK. m. 609) this declaration of rejection has to be indifferent and unconditional to cover the whole heritage. The inheritance is partially irrefutable. Otherwise, the heir will inherit the inheritance.
It is not possible to return unilaterally after the registration process of the rejection statement by the magistrate if the rejection process is not the result of error, deception or intimidation. In the event that the heir makes a declaration of rejection as a result of error, deception or deception, a request for cancellation may be made for the rejection process.
AT WHAT TIME SHOULD THE REJECTION OF THE INHERITANCE BE DONE?
The period prescribed for the rejection of the inheritance is set as three months in the law. Accordingly, the patron must claim a rejection of the inheritance within a period of three months from the date of his death or the death of the heir. This refusal request is registered without the authority of the magistrate.
The inheritance can be rejected within three months. This period shall commence on the date of the death of the inheritor, when the depository is officially notified to them, unless they prove to the legal heirs that they have later learned that they are the heirs (TMK. m. 606). The inheritance that is not rejected during this time is acquired.
If the official ledger is kept for another period, the rejection period is arranged as one month (TMK. m. 626). After the examination period is over, the heir must declare that he has rejected the inheritance, sought formal liquidation, or accepted it by the register or unconditionally. However, if necessary, the judge may grant additional time (TMK. 626). This one-month period begins with the notification to the heirs of the call of the magistrate who holds the tereke book invites the heirs to the court to explain their decisions about tereke (TMK m. 626).
The beginning of periods related to rejection of inheritance occurs in the following ways::
For legal heirs: as a rule for legal heirs, this period begins as soon as they learn of the death of the beekeeper (TMK m.606). If the title of inheritance is later learned, the start date is determined as this date. If the legal heir is excluded from the inheritance by death-related savings, the period of rejection begins on the date when it is learned by the heir that this savings has been cancelled.
For the appointed heirs: the period of rejection for the appointed heirs is three months (TMK m. 606). This period begins with the Magistrates ‘ Court formally opening the Will and notifying them that they are heirs. For heirs appointed by the inheritance agreement, this period works in the same way as the legal heirs.
As a protection measure, the period of rejection of the inheritance begins with the notification of the writing process by the magistrate for the legal and appointed heirs (TMK m.607).
Transfer of the right of rejection to later heirs: the right of rejection of the heir who dies without rejecting the inheritance passes to his own heirs (TMK m. 608). In this case, the replacement of the deceased heir shall be entitled to two rejections. This Heir has the right to reject the inheritance left to him by his patron, as well as the right to reject the inheritance left to his patron by his patron. The heir may reject these two inheritances, as well as the inheritance left only to his / her patron. However, the heir cannot reject the inheritance left by his / her patron and accept the inheritance left by his / her patron. Because the first inheritance passes to him as part of the inheritance of his own bequeatherd who dies without rejecting it.
Extension of the term and granting of a new term: in the event of significant reasons, the magistrate may extend the period of refusal granted to legal and appointed heirs or grant a new term (TMK m.615). The existence of a justifiable reason is sought in order to be extended by granting a new period.
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