The Formal Requirements of the Agreement
For inheritance contracts to be valid, they must be drawn up in the form of an official will (resmi vasiyetname). The parties to the contract declare their intentions to the official officer simultaneously and sign the prepared contract in the presence of the officer and two witnesses. Since the inheritance renunciation agreement is considered a negative inheritance contract (olumsuz miras sözleşmesi), it must fulfill these validity requirements. The official officer may be a judge of the civil court of peace, a notary, or other persons authorized by law. The witnesses also sign to attest to the execution of the contract.
Legal Effects of Renunciation
By concluding an inheritance renunciation agreement, the renouncing party does not acquire the status of an heir. Thus, rights arising from inheritance law are forfeited. As the renouncing party cannot attain any rights, they shall not undertake any obligations either; therefore, no liability arises for the debts of the estate (tereke borçları). Pursuant to the Court of Cassation (2nd Civil Chamber, 13.05.1976), a certificate of inheritance may still be requested for reasons other than claiming the estate, such as receiving widow’s or orphan’s pensions. In a remunerated renunciation (ivazlı feragat), unless otherwise agreed, the descendants of the renouncing party also lose their status as heirs. Conversely, a gratuitous renunciation (ivazsız feragat) does not affect the descendants.
Liability Toward Creditors and Tenacity (Reduction)
As a rule, the renouncing party’s liability for the debts of the estate terminates. However, if the estate is insufficient to cover its debts at the time of opening and the debts are not paid by the heirs, the renouncing party and their heirs are liable to the creditors to the extent of their unjust enrichment at the time of opening, provided they received consideration from the deceased within five years prior to death. This is a secondary and limited liability.
If the deceased provided the renouncing heir with performances exceeding the disposable portion (tasarruf edilebilir kısım) of the estate, other heirs may request the reduction (tenkis) of such performances. In this case, only the amount exceeding the renouncing party’s reserved portion (saklı pay) is subject to reduction. Facing such a claim, the renouncing party may either return the value subject to reduction or return the entirety of what they received to the estate and participate in the partition as if they had never renounced.
Termination of the Agreement
An inheritance renunciation agreement terminates automatically if:
The persons in whose favor the renunciation was made cannot become heirs,
There are no other heirs in the same parentela (zümre) as the renouncing party,
Or a resolutory condition (bozucu şart) in a conditional renunciation agreement is realized.