30 Jul THE CASE OF DETECTION OF HERITAGE AND INHERITANCE
Inheritance, which people leave behind after they die;
The values of tangible assets such as real estate
It is the name given to all debts.
In other words, Inheritance includes all private legal relations that can be transferred and transferred that the testator has acquired in his health. The strictly established rights to the person end with the death of the testator. In this regard, the Inheritance may not be equal to the property acquired by the testator in his health.
In such cases, it is difficult to determine the presence of Inheritance and what it covers in case of its existence. Therefore, the heirs can file a claim for the determination of the Inheritance and request the court to determine the Inheritance.
An inheritance determination lawsuit is a type of lawsuit filed by heirs after the death of the testator to determine the assets and liabilities of the Inheritance and is a procedural determination case. The case for inheritance determination is opened for two reasons:
The first reason is that the heirs do not know exactly how much property the deceased has. Because heirs cannot have comprehensive information about the assets and debts of the testator, they cannot know whether they will be harmed if they accept the inheritance. For such cases, the Turkish Civil Code (TCC) has granted the heirs the right to request that the book of the Inheritance be kept in order to protect the interests of the heirs.
The second reason is due to the fact that the protection of the heritage is demanded. For example, if some heirs are in the situation of smuggling goods from the Inheritance until the inheritance is Decoupled between the heirs, other heirs may apply to the Court to request that the Inheritance be sealed and the Inheritance book be kept.
In the case of determining the inheritance, at the request of one or all of the heirs, all necessary measures are taken by the court or by the Magistrate to protect the inherited property and rights at the hands of the state. These measures;
Spelling of inherited property and rights,
Sealing the heritage,
To officially manage the inheritance,
It is related to the opening of the will.
Expenses related to measures, to be inherited in the future, are borne by the applicant; prevention is borne by the State in cases decided by the judge. (TMK m. 589)