An inheritance contract (miras sözleşmesi) is a contract concluded between the deceased (legator) and a third party (or heir) in the form of a testamentary disposition (ölüme bağlı tasarruf). For an inheritance contract to be considered valid, it must be drawn up in an official form (resmi şekil), similar to an official will. This means the inheritance contract must be signed before an official officer (notary) and in the presence of two witnesses. Otherwise, the contract will have no legal binding effect. The scope of the inheritance contract must also be explicitly stated before the official and the witnesses.
Termination and Cancellation of the Contract An inheritance contract can be canceled by a written agreement between the parties. For individuals wishing to unilaterally cancel an inheritance contract, the cancellation can be performed within the framework of the forms and conditions prescribed by law for wills. Furthermore, if the person appointed as an heir in the contract displays a behavior toward the legator that constitutes a ground for disinheritance (mirasçılıktan çıkarma) after the contract is made, the legator may unilaterally cancel the contract.
One of the events leading to the termination of the inheritance contract is the predecease of the heir; if the person with whom the contract was made is not alive at the time of the legator’s death, the inheritance contract is automatically terminated.
Pursuant to the Law of Obligations, a person who has the right to demand inter vivos performances (sağlar arası edimler) according to the conditions within the inheritance contract has the right to rescind the contract (sözleşmeden dönme) if these performances are not fulfilled in accordance with the contract or are not secured under a specific guarantee.