1. Definition and Legal Nature of the Contract for Care Until Death 

In Supreme Court decisions, the contract for care until death, in accordance with Article 611 of the Turkish Code of Obligations (TBK) no. 6098, is defined as a contract where the obligor of care undertakes to look after and supervise the obligee of care until their death, and the obligee of care undertakes the obligation to transfer an asset or certain asset values to the obligor. This contract is bilateral (onerous), imposing obligations on both parties, and bears a characteristic that produces results dependent on fortune and chance. While the obligor of care undertakes to provide lifelong care to the obligee of care; the obligee of care, in return, provides a performance (such as movable property, immovable property, or usufruct right).

2. Contract for Care Until Death: Validity Conditions and Formal Requirement 

In the decisions of the Supreme Court and Regional Courts of Justice, the requirement of “official form” is emphasized for the validity of contracts for care until death.

Formal Requirement: Pursuant to Article 612 of the Turkish Code of Obligations (TBK) and Article 545 of the Turkish Civil Code (TMK), these contracts must be drawn up in the form of an inheritance contract (in the presence of a notary or before a civil court judge). It is not possible to establish a title deed cancellation and registration judgment based on contracts not drawn up in a formal manner.

Exception: If made by a state-recognized care institution in compliance with the conditions determined by the competent authorities, written form is sufficient for its validity.

Capacity: It is a condition that the deceased had legal capacity at the date the contract was made. No legal effect can be attributed to transactions made by a person lacking discernment, and this situation can always be invoked.

3. Obligations of the Debtor of Care

The obligation of the debtor of care, unless otherwise agreed, includes taking the creditor of care into their family and;

Providing residence (housing),

Providing food and clothing,

Providing treatment and necessary care during illness,

Covers the duties of providing all kinds of moral support and assistance. The debtor of care must act within the framework of equity rules, considering the value of the assets received and the social status of the creditor of care. For the validity of the care provision, it is not a condition that the creditor is in need of special care at the time of the contract; the subsequent emergence of this need does not affect the validity of the contract.

4. Termination of the Contract and Allocation of Annuity

In cases where the relationship becomes intolerable due to a breach of duties arising from the contract, the parties are granted the right to terminate (TCO Art. 617).

Unilateral Termination: If the care debtor fails to fulfill their care obligation due to their fault, the care creditor can terminate the contract and demand the cancellation of the deed and registration of the immovable property they provided. The termination has retroactive effect.

Annuity Allocation: Instead of terminating the contract, the judge, upon the request of one of the parties or ex officio, can end the cohabitation of the parties and allocate a lifelong income (annuity) to the care creditor. This situation is generally applied in cases where the parties are without fault or cohabitation becomes impossible (e.g., the care creditor getting married or the debtor’s severe illness).

Force Majeure: It is emphasized that if the care debtor is unable to perform their obligation due to reasons beyond their control (e.g., severe health problems), an annuity allocation should be pursued instead of direct termination.

5. Allegations of Ancestor’s Collusion and Asset Concealment

The most frequently encountered subject of dispute in court decisions is the claim that the lifetime care contract was made collusively with the aim of concealing assets from the heirs.

Evaluation Criteria: When determining whether a transfer is collusive, the age of the ancestor, their physical and general health status, family conditions and relationships, the amount of their assets, the ratio of the transferred property to their entire estate, and whether this ratio is reasonable are taken into consideration.

True Intent: If the true intent of the deceased was not to be cared for, but rather to favor a specific heir or to hide assets from others, the contract is considered simulated (collusive) and will be annulled. However, if the deceased’s need for care was genuine and the obligor of care fulfilled this duty, simulation (collusion) is not accepted, even if the value of the assigned property is high.

Proof: The fact that the care recipient did not file a lawsuit for breach of the care obligation during their lifetime may constitute a presumption that the care obligation was fulfilled.

6. Rights of Heirs and Standing to Sue

Breach of Care Obligation: The right to terminate the contract on the grounds that the care obligation was not fulfilled generally belongs to the care recipient. If the care recipient did not exercise this right during their lifetime, their heirs cannot file a lawsuit claiming that the care obligation was not fulfilled.

Simulation (Collusion) and Incapacity: Heirs can always file a lawsuit claiming that the contract was simulated (collusive) or that the deceased was incapacitated at the time of the contract.

Obligation to Transfer Ownership: If the care recipient dies and the ownership of the immovable property has not yet been transferred, the heirs are obligated to transfer this ownership to the obligor of care. Otherwise, the obligor of care may file a lawsuit against the heirs for cancellation of title deed and registration.

7. Death of the Obligor of Maintenance The death of the obligor of maintenance does not automatically terminate the contract; the maintenance obligation passes to their heirs. However, the maintenance creditor has the right to terminate the contract within a one-year forfeiture period from the death of the obligor (Turkish Code of Obligations Art. 618). In this case, the creditor may demand a sum of money equivalent to what they could claim from the estate in case of the obligor’s bankruptcy; they cannot demand the return of the property in kind.

8. Procedural Matters

Judgments rendered in title deed cancellation and registration lawsuits based on contracts for lifelong maintenance are “declaratory” (explanatory) in nature; ownership is acquired outside the register upon the finalization of the decision.

It is essential for all heirs of the deceased title deed owner to be parties to the lawsuit to ensure proper party formation.(a text suggestion)

Claims of collusion are not subject to a statute of limitations and can be raised at any time.

Why is Expert Lawyer Support Necessary in Lifelong Maintenance Contracts?

Lifelong maintenance contracts are one of the types of contracts that most frequently lead to disputes in practice, being located at the intersection of inheritance law, law of obligations, and real estate law. Especially in lawsuits filed throughout Istanbul, Tuzla, Pendik, Kartal, Maltepe, Gebze, and the Anatolian Side; whether these contracts are collusive, whether the maintenance obligation has been properly fulfilled, and the legal consequences of the title deed transfer are frequently subject to litigation.

The most common mistakes made in practice are; the contract not being executed in due form, the deceased’s capacity not being sufficiently investigated, the scope of the care obligation not being concretized, and heirs filing a lawsuit based on the wrong legal grounds. Such errors can lead to difficult-to-remedy loss of rights and lengthy lawsuits.

Especially in claims of deceased’s fraudulent disposition, the Supreme Court of Appeals meticulously examines the deceased’s age, health status, family relationships, the ratio of the transferred property to the entire estate, and whether the care relationship was actually fulfilled. Therefore, it is of great importance that the process be handled by a lawyer well-versed in current Supreme Court of Appeals and Regional Courts of Justice precedents.

At this point, 2M Hukuk Law Firm, based in Tuzla, Istanbul, offers professional and results-oriented legal support regarding title deed cancellation and registration lawsuits arising from contracts for lifetime care, deceased’s fraudulent disposition lawsuits, and termination/annuity claims; for both care creditors and heirs.

Since contracts for lifetime care can lead to irreversible consequences if not structured correctly or if a wrong litigation strategy is followed, acting with the support of an expert lawyer becomes a legal necessity.