A renunciation of inheritance (mirastan feragat) is executed through an agreement. The parties to this agreement are the deceased (miras bırakan) and their prospective heir (muhtemel mirasçı). Consequently, it is concluded while the deceased is still alive. It can be established as either onerous (ivazlı – in return for a consideration) or gratuitous (ivazsız – without a consideration).
Through an inheritance renunciation agreement, the prospective heir waives their future status as an heir, either entirely or partially. While the deceased can always eliminate the shares of non-reserved heirs through a unilateral testamentary disposition (ölüme bağlı tasarruf), the significance of the renunciation agreement lies in the process of excluding a reserved portion heir (saklı paylı mirasçı) from the inheritance. Even in the absence of legal grounds for disinheritance (ıskat), the deceased may conclude a renunciation agreement by reaching a consensus with a person they do not wish to be an heir. A classic example is a father with a sick and financially struggling child concluding a renunciation agreement with his healthy and wealthy child.
Inheritance renunciation agreements are categorized as negative inheritance contracts. According to the general view in legal doctrine, it should be characterized as a testamentary disposition for the deceased. For the renouncing party, this agreement is an inter vivos (sağlar arası) legal transaction. The renouncing party does not yet possess the status of an heir; rather, they waive a status that is likely to arise in the future. The nature of the agreement is sometimes criticized in doctrine because it is generally impossible to waive a right that has not yet accrued. In this situation, the renouncing party is in a “state of expectancy,” but their legal position is clarified through the executed renunciation agreement.