30 Jul THE PERIOD OF REFUSAL OF INHERITANCE
The term of the rejected inheritance is TMK m. it was edited in 606. According to this article, the inheritance can be renounced within three months. This period begins to function from the date when they find out about the death of the testator, unless it is later proven that they are the heirs of the legal heirs; for heirs appointed by the will, the savings of the testator are officially notified to them. In accordance with this article, the testator must submit a request for refusal of the inheritance within a three-month period after his death or after the heir finds out that he is the heir. This refusal request is examined without the discretion of the Magistrate.
TMK 615, which carries the title of extending the rejection period. according to the article; “In the presence of important reasons, the magistrate may extend the period of refusal recognized to the legal and appointed heirs or grant a new period.”
These periods are valid for the actual refusal of the inheritance. If the decision is rejected, after the death of the testator, they can always ask for the determination of the incapacity of the testator on the date of death of the testator without paying. In addition, the heirs will be able to request this determination from the Court of First Instance.
The beginning of the periods related to the refusal inheritance should be explained as follows:
The Beginning of the Period of Refusal of the Inheritance in the Direction of Legal Heirs: As a rule, the period of refusal of the inheritance of 3 months for legal heirs begins as soon as they learn of the death of the testator (TMK 606. matter). If the title of heir was learned later, the 3-month period starts from the date of learning. If the legal heir has been left out of the inheritance with savings due to death, the rejection period begins as soon as the heir finds out that the savings due to death have been canceled. It is applied if the death of the testator is not notified due to reasons such as distance, non-interview.
The Beginning of the Period of Refusal of the Inheritance in Respect of the Heirs Appointed by the Will and Inheritance Agreement: The period of refusal for the appointed heirs is three months (TMK 606. matter). This period is achieved by the fact that the Magistrate’s Court of the heirs officially opens the will and notifies the parties. For heirs appointed by the inheritance agreement, this period works in the same way as for legal heirs. If a third person is appointed by this agreement, it begins with official notification, as in the will.
In Terms of Registering the Estate: In the case of writing the estate as a protection measure, the period of refusal of the inheritance begins with the notification of the writing process by the Magistrate’s Court for legal and appointed heirs. (TMK 607. substance)
In Terms of the Transfer of the Right of Refusal to Subsequent Heirs: The right of refusal of the heir who dies without refusing the inheritance passes to his own heirs (TMK 608.matter). In this case, the heir who replaces the deceased heir has the right to two rejections. This heir has the right to refuse both the inheritance left to him by his testator, and the right to refuse the inheritance left to his testator from his testator. The heir can refuse these two legacies, as well as refuse the inheritance left only to the one who left his own inheritance. However, the heir cannot refuse the inheritance left by his or her heir and accept the inheritance left by his or her heir. Because the first inheritance is passed to him as part of the estate of his own heir, who died without refusing the inheritance.
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