Exclusion from inheritance is a condition that can only be applied to the reserved heir. The main difference between disinheritance and deprivation of inheritance is due to this point that deprivation provides for the provision of legal heirs, appointed heirs and testamentary creditors. Considering this scope, it is clear that the disinheritance provisions have a wider scope of application than the disinheritance provisions. This is the difference between disinheritance and deprivation.

Another difference between Decriminalization and disinheritance is that disinheritance can only occur as a result of the willful death of the testator, while disinheritance results spontaneously. In this context, there is no need for any court decision or declaration of will in the absence of inheritance, and removal from the inheritance results in a will saving.

THE MOMENT WHEN THE STATE OF DEPRIVATION OF INHERITANCE GIVES BIRTH TO A RULING
Deprivation of inheritance has consequences and consequences from the moment the inheritance of the testator is opened. Although it was originally ruled from the moment the testator died, it is based on the moment of opening the inheritance when it is considered from the point of view of its implementation. Another meaning of this situation is that the person deprived of the inheritance will lose the title of heir by the date of death, and with the opening of the inheritance, this deprivation will be de facto spilled over.

TAKING ADVANTAGE OF THE OBLIGATIONS DETERMINED BY THE TESTATOR
If there is a reason for deprivation of inheritance, the heir and the creditor of the will will be deprived of their license, as well as such a condition prevents them from taking advantage of an obligation imposed by muris on his heir or the creditor of the will. Deprivation of inheritance, legal heirs, appointed heirs, testamentary creditors, as well as persons who benefit from the obligation imposed by the testator, are also adversely affected by the obligations set by the testator.

THE DISINHERITED PERSON SHOULD REQUEST AN INHERITANCE CERTIFICATE
The person deprived of the inheritance has the title of heir. Therefore, it cannot claim any rights in death-related savings. Nevertheless, the Court of Cassation 2, where the deprived of the inheritance will not be an obstacle to requesting a certificate of inheritance.It is specified in the decision of the Law Department dated 17.05.2002 and numbered 6298/7780. In this case, it should be decided that the “legal consequences of deprivation of inheritance will be observed during the sharing of the land” by pointing out and ignoring these situations to indicate their share of the inheritance. Deprivation of inheritance is considered in the light of the decisions of the Supreme Court.

In another Supreme Court decision, it was also stated that the removal from inheritance, deprivation of inheritance, denial of inheritance or renunciation of inheritance does not prevent the presentation of the heir as an heir in the certificate of inheritance.

Another Supreme Court Decision on the relevant issue is the Supreme Court 14. Issued by the Law Department 2015/13925 E. 2016/2708 K. it is a numbered decision. Important issues were touched upon in the relevant decision and are as follows: “Article 578 of the TCC. according to the article, those who intentionally or unlawfully kill or attempt to kill a muris cannot be heirs, lack of inheritance does not prevent them from requesting a certificate of inheritance. It is personal and affects only the deprived. The child of the one who lacks inheritance becomes the heir, as does the child of the one who died before the one who left the inheritance (TMK m. 579). If the action is taken against someone, the inheritance is lost only because of that person. In addition, there is no need to obtain a court decision, since deprivation of inheritance has a spontaneous consequence. For this reason, it is necessary to establish a provision in the inheritance certificate to indicate the shares of inheritance, and then provide a certificate of inheritance by specifying who will inherit the share of the person who is deprived of the inheritance due to lack of inheritance.”

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