What are the Types of Inheritance Renunciation Agreements?
In a gratuitous (non-remunerated) renunciation agreement (ivazsız mirastan feragat), the prospective heir waives their status as a potential heir during the lifetime of the deceased without receiving any consideration. The deceased does not undertake any obligation; they merely accept the renunciation.
In a remunerated (onerous) renunciation agreement (ivazlı mirastan feragat), the heir renounces their inheritance in return for a consideration received while the deceased is still alive. In this case, the deceased undertakes an obligation, which may be in the form of money, movable property, or immovable property. In remunerated renunciation, unless otherwise agreed, the descendants (alt soy) of the renouncing party are also deemed to have renounced. Although the law does not explicitly regulate partial renunciation, it is accepted by legal doctrine; in such cases, the status of heir is waived for a specific portion of the inheritance while continuing for the remainder.
Parties to the Agreement The deceased (miras bırakan) is always a party to the inheritance renunciation agreement. This agreement cannot be concluded with a representative of the deceased or another heir; it is a strictly personal right (kişiye sıkı sıkıya bağlı hak). The other party is the renouncing prospective heir, who may be a statutory heir (kanuni mirasçı) or a testamentary heir (iradi mirasçı). Statutory heirs include blood relatives, the spouse, the adopted child, and their descendants.
Capacity of the Parties For the deceased to conclude a renunciation agreement, they must have full legal capacity (tam ehliyet); meaning they must be of age, possess the power of discernment (ayırt etme gücü), and not be under guardianship. The deceased must be in a position to perceive the legal significance and consequences of the renunciation. Pursuant to Court of Cassation precedents, the party claiming a lack of discernment bears the burden of proof.
Since no obligation is born for the renouncing heir, the requirement of full capacity is not sought as strictly for them. However, restricted persons (kısıtlılar) possessing discernment may conclude this agreement with the permission of the guardianship and audit authorities. This approval must be granted at the latest until the death of the deceased.