21 May RETURNING FROM THE WILL, GIVING UP
Returning from the Will, Giving Up
Drawing up a will is a saving due to death. For this reason, it carries out its judgments and consequences after the death of the testator. Since the will is a one-sided legal act and can be validly drawn up without depending on the will of the testator in its favor, the testator can return from the will at any time before his death.
According to the Turkish Civil Code, there are three ways to return a will. These;
With the issuance of a new will,
With the destruction of the will,
With subsequent savings that are incompatible with the will.
Returning from the Will with the Issuance of a New Will
The testator can always return from his previous will by issuing a new will in accordance with one of the types of testaments listed in the law. There is no requirement that the form of the first will and the second will issued to return from this will be the same type of will. It is possible to return the will in whole or in part. There are no number restrictions on making a will and returning it.
If the testator has made a new will even though he has a will, the provisions of the testaments are considered when determining whether the next dated will and the previous dated will are returned or not. If the provisions of the will of a later date do not eliminate the provisions of the first will, but only change them, the two wills will be valid together. If the provisions of the subsequent will eliminate the provisions of the first will, only the will that is after the date will be valid.
Returning from the Will by Destruction
In order for it to be mentioned that the will is returned from the will by destroying the will, the testator must have November intention of returning from the will. Otherwise, the will is considered valid if the testator does not have a caste in this direction and the content of the will can also be November.
With the destruction of the will, the return from the will is most often applicable to handwritten wills. Since the will is submitted to the court in the oral testament, its destruction cannot be excluded. Similarly, since the main thing in the official will is the will contained in the notary, the will is still valid even if the testator destroys the copy contained in it.
If the will has been destroyed by a third party other than the testator and its content cannot be completely determined, it is again considered invalid.
Returning from the Will with Subsequent Savings Incompatible with the Will
Returning from the Will With Savings Due on the Next Death
If Muris makes a new will without eliminating his previous will, the next will replaces it, unless the newly made will completes the previous one in such a way that there is no doubt. Here, the testator makes a new will that is incompatible with the will of the previous date, but does not explicitly state that he has returned from the previous dated will.
Returning from the Will with the Next Provided Savings
A will to leave certain property disappears if the muris subsequently has another savings on this property that is incompatible with this will, unless otherwise specified in the will. For example, if the testator first left his car to his son with a will and then sold this car to someone else with a sales contract, the car is returned from the bequest with the savings provided.
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