As a result of the death of the heir, the inheritance is deemed. To have passed to the legal and appointed heirs in accordance with the principle of universal succession. As the heirs have acquired the title of heirship in accordance. With our legal system, they are held personally liable for the debts of the heir in an unlimited manner. In order to prevent the unfavourable consequences of this issue. The rejection of inheritance is regulated between Articles 605 and 618 of the TCC.
Article 605 of the TCC regulates the refusal of inheritance; and as it is understood as a result of this provision; unless it is proved that they learnt that they are heirs later. The legal heirs may make an unconditional and unconditional. Declaration of refusal with an oral or written open declaration. That gives rise to a reversible innovation. Which must reach the civil court of peace in the place of residence of the heir. Within a 3-month grace period from the date they learnt of the death of the heir; and the heirs appointed. By testament, within a 3-month grace period from. The date they were officially notified of the disposition of the heir.
It is clear that if the heirs do not reject the inheritance within. The three-month prescriptive period. Personal liability for the debts of the heir may arise. As a matter of fact, in this case, paragraph 605/2 of the TMK is important. In the relevant article of the relevant law. It is stated that “If at the time of the death of the heir, his/her inability. To pay is clearly evident or officially determined. The inheritance. Is deemed to be rejected as a legal presumption.”.
It is necessary to discuss what can be done in accordance. With Article 605/2 of the TCC. In this case, an explicit declaration of rejection is not required. For the rejection of the inheritance. The inheritance is deemed to be rejected automatically. The person who is deemed to have rejected the inheritance. By judgement may request the determination of this situation. By filing a claim against the creditors of the estate, or he/she may also assert this through defence.
In order for the heir to be deemed to have forfeited the inheritance;
– The debts of the heir at the date of death must be more than the assets.
– Insolvency must be determined or clearly evident.
– There must be no behaviour indicating that the inheritance has been accepted.
The person who is deemed to have rejected the inheritance. By judgement may file a lawsuit for the determination of. This situation against the creditors of the inheritance at any time. Regardless of the time limit.
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