30 Apr Renunciation Of The Will
Don’t Turn Away From The Will, Don’t Give Up
Issuing a Will is a death-related saving. For this reason, after the death of the testator, the provision and its consequences. Since the Will is a one-sided legal process and can be held valid without regard to the will of the testator in his favour, the testator may return the will at any time before his death.
According to the Turkish Civil Code, there are three ways to return from the will. These;
With the arrangement of the New Testament,
With the destruction of the will,
With subsequent savings incompatible with the will.
Return From The Will By Issuing A New Will
The testator may return from his previous will at any time by arranging a new will in accordance with one of the types of testaments counted in the law. There is no obligation for the second will to be the same type of Will in order to return from this will with the form of the first will. It is possible to return all or part of the will. There is no number limitation in making and returning a will.
If the testator has made a new will, even though he has a Will, the provisions of the testaments are examined when determining whether the Will is returned from the previous Will or not. If the provisions of the subsequent probate do not eliminate the provisions of the first probate but merely change, the two probate will be valid together. If the provisions of the subsequent probate eliminate the provisions of the first probate, only the later probate will be valid as of date.
Return From Will By Destruction
In order to be able to say that the Will has been returned by destroying the will, the testator must have the intention of returning from the will. Otherwise, if the testator does not intend to do so and the contents of the testator can be determined, the testator will be considered valid.
With the destruction of the will, the return from the will mostly applies to hand-written wills. An oral will cannot be destroyed because the Will is submitted to the court. Similarly, since it is the Will found in the notary, which is the basis of the official will, the Will is still valid even if the testator destroys the copy found in him.
If the Will has been destroyed by a third party other than the testator and its contents cannot be determined completely, it is still considered null and void.
Return From The Will With Subsequent Savings Incompatible With The Will
Return From Probate With Subsequent Death-Related Savings
If Muris makes a new will without eliminating the previous Will, the next will takes its place unless the new will completes the previous will without doubt. Here the testator makes a new Will which is incompatible with the will of the previous date, but does not explicitly state that it has returned from the will of the previous date.
Return from Probate with subsequent inter-provider savings
The will to leave certain property, unless otherwise stated in the Will, is subsequently eliminated by Muris on that property in another possession incompatible with this will. For example, if the testator first leaves his car to his son with a Will and then sells it to another person with a sale contract, the car is returned from bequeathing by means of inter-provision savings.
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