05 Oct REMOVAL OF INHERITANCE IN DECISIONS OF THE SUPREME COURT
The Need for Beneficiaries of Extraction to Prove the Correctness of the Reason for Extraction
Supreme Court 3. In the decision of the Legal Department dated 26.3.2019 and numbered 2017/13850B-2019/2573D “In his will dated 05/09/2007, the inheritor indicated the reason for his removal from the inheritance as the plaintiffs who had daughters despite his illness did not take care of him. In the concrete case; excluding the residence of the deceased in the village due to illness from time to time …’or treatment increasingly is on 03/07/2007 his wife is sitting in the inheritance leaves …after a while, the defendant is the son of 17/11/2007 moved next to him and he stayed here until his death in history …and … who reside in the heritage of the claimants came to the village and moved out as up to date against the drop, they fulfill the obligations arising from family law, came to the realization TCL with witness statements; es in words, removing benefiting the defendants have shown, for the reason that have failed to prove that it is correct.’ he is called. When examining the decision, it seems that when an heir is removed from the inheritance, other heirs are obliged to prove the correctness of the reason for this removal. He removed them from the inheritance, citing that his daughters, who left an inheritance in the case of the decision, did not take care of him when he was ill. The plaintiffs have also filed a lawsuit demanding the cancellation of the removal. Other heirs who is the defendant in this case, the extraction are obliged to prove that reason is valid, although the plaintiffs and the witnesses prove this point they listened to ‘ family obligations and inheritance revealed that they didn’t neglect off is unfair.
The Fact That the Defective Spouse in the Divorce Can Not Become the Heir
Supreme Court 14. In the decision of the Legal Department dated 18.10.2017 and numbered 2016/14899E-2017/7670K ‘As is known, the 181 of the TMK, in which the other spouse who is found defective in the divorce cannot be the heir, cannot be. a separate case can also not be filed for determination in this direction. In other words, if one of the heirs of the spouse who died during the divorce proceedings continues the case, it will be determined whether the other spouse is defective or not, and as a result of such a determination, it will be determined whether he can be a legal heir in accordance with the aforementioned legal regulation. In the case of a request to issue a certificate of inheritance to be filed, it is no doubt that legal heirs and inheritance shares will be determined taking into account this determination provision. In addition, In accordance with Article 510/1 of the Turkish Civil Code, removal from the inheritance can only be done with savings due to death. There is also no death-related savings that the plaintiff removes the defendant from the inheritance. In that case, the mentioned legal regulation (Article 510 of the Turkish Commercial Code) does not create conditions for the removal of the heir from the inheritance. it is clear that the article) cannot be applied in a concrete event.’ he is called. In a concrete case, the heirs of the spouse who left an inheritance who died during the divorce proceedings demand that the other spouse be removed from the inheritance, claiming that the other spouse was defective in the divorce. However, the inheritor has not made any death-related savings for removal from the inheritance. On the other hand, the Supreme Court has requested that the determination of the spouse who is defective in the divorce on the right grounds cannot be decided to remove him from the inheritance in the case where he is asked, and that there is no room for a decision in this case because the spouse cannot be an heir by law if the spouse is already defective.
Protection of the Reserved Share in the Event That the Reason for the Removal from the Inheritance Cannot Be Proved
Supreme Court 3. In the decision of the Legal Department dated 22.2.2018 and numbered 2017/17228E-2018/1512K ‘In the case, despite the fact that the reason for the miss was written in the will dated 14/07/2009, according to the evidence, it is understood that the reasons for the miss sought in the law did not occur. In the same way, except for the removal from the inheritance, the plaintiff could not prove the reasons for the cancellation in terms of the probate section. If the existence of the reason cannot be proved or the reason for the removal is not specified in the savings, the savings will be fulfilled except for the heir’s reserved share; however, if the inheritor has made this saving because of a clear mistake that he has made about the reason for removing it, the removal will be invalid.” the decision has been made. Since the defendants could not prove the reason for the loss of inheritance, TMK’s 512/3. according to the article, the loss of inheritance must be valid at the rate of the quorum of savings of the inheritor. In other words, it was not considered correct to decide in writing that the section on the loss of the will, valid within the limits of the savings quorum, was invalidated and the plaintiff could claim his reserved share and the case would be continued as a tenkis case without considering that the decision was made in writing.’ he is called. In this decision, the Supreme Court stated that the reserved share of the inherited heir will be protected only if there is a savings on it, this savings will be valid if the reasons shown as a justification for removing the heir from the inheritance cannot be proved by the defendants. To express this issue with an example, if the heiress has two children and has removed one child from the inheritance, the child who is no longer inherited will receive ¼ of the inheritance share, and when the other child who is no longer inherited saves ¾ of the inheritance share, the child who is no longer inherited will receive ¼ of the inheritance share, and ½ of the savings will remain valid.
Acceptance of the Case of Cancellation of the Removal of Other Heirs Who Have Not Been Removed from the Inheritance
Supreme Court 3. In the decision of the Legal Department dated 28.2.2019 and numbered 2017/14122E-2019 /1702K, ‘the bequestee has shown the reasons for his removal from the inheritance in his will. If the reasons for the dismissal of the heir were established in the case under consideration, the defendants … and … accepted the case. In this case, 512/3 of the Turkish Civil Code. in accordance with the article, the complete rejection of the request was not considered correct, without taking into account that the removal from the inheritance will be valid at the rate of the savings quorum of the inheritor, in other words, the plaintiff may request his reserved shares from the direction of the accepting defendants. In that case; acceptance is a procedure that terminates the case and since it can be done at any stage of the trial, the provision had to be violated in order to make a decision on the declaration of acceptance of the case by the deputy of the defendants.’ he is called. When examining the decision, it is seen that the heiress duly shows the reason for the removal within the framework of savings due to death, although the heirs who used this removal accepted the case in the case of cancellation of the removal, the local court decided that the removal was valid. Since the declaration of acceptance, like the final provision, had legal consequences and could only be revoked in cases of will disorder, the cancellation of the removal should have been decided by the local court. Because the burden of proof is on the defendants in the case of cancellation of the removal, if the defendants cannot prove the reason for the removal or accept the case, there can no longer be any valid removal.
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