This study has been prepared by analyzing summaries of court decisions presented in response to the question: “How is inheritance divided; what is renunciation of inheritance, and how is it done?” The study examines in detail, in light of the Turkish Civil Code (TMK), the fundamental principles of inheritance division, the definition, types, legal consequences, and procedure of the institution of renunciation of inheritance (reddi miras), based on decisions from the Court of Cassation and Regional Courts of Justice. The analysis particularly focuses on the effect of renunciation of inheritance on inheritance shares and the necessity of reflecting this situation in the certificate of inheritance.
Division of Inheritance: The division of inheritance is carried out among the legal heirs specified in the TMK, taking into account the testator’s dispositions mortis causa. The basic document for division is the certificate of inheritance (veraset ilamı), which constitutes a valid presumption until proven otherwise. Consensual division with the participation of all heirs is fundamental; otherwise, judicial partition is sought.
Definition and Types of Renunciation of Inheritance: Renunciation of inheritance is the unilateral declaration of will by a legal or appointed heir not to accept the inheritance left to them. Two types of renunciation of inheritance are prominent in the examined decisions:
Actual Renunciation (TMK Art. 609): This is when an heir renounces the inheritance by making an oral or written, unconditional declaration to the civil court of peace within the legal period.
Deemed Renunciation (TMK Art. 605/2): This is when the inheritance is automatically considered renounced if, at the date of the testator’s death, their estate is clearly insolvent (unable to pay debts) or officially determined to be so. The 3-month period specified in the law does not apply to this type of renunciation.
The Most Important Legal Consequence of Renunciation of Inheritance: The consequence most emphasized in court decisions and regulated in Article 611 of the Turkish Civil Code (TMK) is that the share of the legal heir who renounces the inheritance passes to other beneficiaries as if they were not alive at the time the inheritance opened. This means that the renouncing party’s share passes to their descendants (children and grandchildren).
The Role of the Certificate of Inheritance: The Supreme Court does not deem it sufficient to merely indicate the person who has renounced the inheritance in the certificates of inheritance. In its decisions, it is consistently emphasized that the principle, “due to renunciation of inheritance, those who lose their heirship status and the fate of their shares (who will inherit them) must also be shown,” is crucial. The absence of this detail is considered a ground for reversal of decisions.
Renunciation by All Heirs: If all closest legal heirs renounce the inheritance, the estate is liquidated according to bankruptcy provisions (Turkish Civil Code Article 612). In this case, the civil court of peace initiates the liquidation process ex officio and appoints an estate representative.
A. Division of Inheritance
The reviewed court decisions focus more on the renunciation of inheritance, a special situation affecting distribution, rather than the procedure of inheritance distribution. However, the fundamental principles distilled from these decisions are as follows:
Legal Basis and Certificate of Inheritance: The legal framework for inheritance distribution is formed by the provisions regarding legal heirship between Articles 495-501 of the Turkish Civil Code (TMK). The starting point for distribution is the certificate of inheritance, issued in accordance with Article 598 of the Turkish Civil Code (TMK), which “establishes a presumption in favor of the heirship of the person or persons for whom it has been issued, until proven otherwise” (Supreme Court 14th Civil Chamber, 2015/2235 E., 2015/11024 K.).
Method of Partition: As emphasized in a decision of the 20th Civil Chamber of the Court of Cassation (2018/582 E., 2019/1125 K.), for there to be a proper partition, it is necessary that “all heirs come together and divide the inheritance by their own will.” This indicates the priority of consensual partition.
B. Renunciation of Inheritance (Rejection of Inheritance)
Court decisions deal with the institution of renunciation of inheritance and its consequences in detail.
Execution and Types of Renunciation of Inheritance
Express Renunciation: It is the heir’s explicit rejection of the inheritance. In the decision of the 14th Civil Chamber of the Court of Cassation, numbered 2016/5412 E., 2017/4279 K., this type is defined as “made by the heirs’ verbal or written declaration to the civil court of peace (Turkish Civil Code art. 609).” This declaration must be made within the legal period and unconditionally.
Deemed Renunciation: It arises when the estate is insolvent. As stated in the decision of the 14th Civil Chamber of the Court of Cassation, numbered 2017/402 E., 2020/8602 K., “if, at the date of death, the decedent’s insolvency is evident or officially established, the inheritance is deemed to have been renounced” (Turkish Civil Code art. 605/2). In this case, provided that the heirs have not interfered with the affairs of the estate, they can always request the determination that the estate is insolvent, without being bound by any time limit. This lawsuit is filed against the creditors of the estate.
2. Legal Consequences of Renunciation of Inheritance and Transfer of Shares
The most frequently emphasized issue in decisions is the legal consequences of renunciation. Almost all relevant decisions refer to Article 611 of the Turkish Civil Code (TMK): “If one of the legal heirs renounces the inheritance, their share passes to the beneficiaries as if they were not alive at the time the inheritance was opened.” (e.g., Turkish Supreme Court 14th Civil Chamber, 2015/2136 E., 2015/6793 K.; Turkish Supreme Court 6th Civil Chamber, 2010/9891 E., 2011/451 K.)
The practical meaning of this provision is that the share of the person renouncing the inheritance passes not to other heirs, but directly to their descendants (children). The Turkish Supreme Court 6th Civil Chamber explained this situation with the words, “Considering that the inheritance will pass to the heirs of those who renounce it as if they were not alive, a new certificate of inheritance belonging to the deceased … should have been obtained, and if there are legal heirs of those who renounced the inheritance in the obtained certificate of heirship, they should have been included in the case and a decision should have been made according to the outcome, whereas…” and considered the failure to follow this procedure as a ground for reversal.
3. Renunciation of Inheritance by All Heirs
If all the closest legal heirs renounce the inheritance, the inheritance does not pass to second-degree heirs. This situation was clearly stated in the decision of the Turkish Supreme Court 14th Civil Chamber, numbered 2015/1822 E., 2015/5797 K.:“According to Article 612 of the Turkish Civil Code, ‘An inheritance renounced by all of the closest legal heirs is liquidated by the civil court of peace according to the provisions of bankruptcy,’ therefore, since the inheritance has been renounced and is subject to liquidation, the claim cannot be directed to the deceased’s second-degree heirs.”In this case, the court must initiate liquidation proceedings ex officio, without being bound by a request (Turkish Supreme Court 6th Civil Chamber, 2014/12820 E., 2015/1155 K.).
4. The Effect of Renunciation of Inheritance on Proceedings and the Certificate of Heirship
The Court of Cassation finds it erroneous to defer the legal consequences of the renunciation of inheritance solely to the stage of estate distribution. It has been reiterated in many decisions that this situation must be clearly reflected when issuing the certificate of heirship. As in the decision of the 14th Civil Chamber of the Court of Cassation numbered 2015/1986 E., 2015/6329 K., what is expected from the courts is; **”the indication of those who lose their heirship status due to renunciation of inheritance and the fate of their share (to whom it will pass)”** is. Otherwise, the issued document will lack enforceability and be confusing.
Conclusion
The judicial decisions examined provide a comprehensive legal framework regarding the institutions of inheritance distribution and renunciation. While the distribution of inheritance is carried out according to statutory and testamentary heirship rules, the institution of renunciation of inheritance is an important mechanism that directly affects this distribution. High Court decisions demand meticulousness, especially in the application of Article 611 of the Turkish Civil Code (TMK). Accordingly, to whom and how the share of a person renouncing inheritance will pass must be clearly stated in the certificate of heirship to be issued, leaving no room for doubt. It should be remembered that if all heirs renounce the inheritance, the estate will be liquidated according to bankruptcy provisions. This study, based on judicial precedents, outlines the procedure that lawyers should follow and the critical points they should pay attention to in cases involving renunciation of inheritance. An article suggestion.
Why is Tuzla Lawyer Support Necessary?
While the division and renunciation of inheritance may seem straightforward at first glance, in practice, they can lead to highly complex legal outcomes. The issuance of the certificate of inheritance, in particular, the effect of renunciation on inheritance shares, and the liquidation process of the estate demand careful attention, both procedurally and substantively. Incorrect or incomplete actions can result in heirs losing their rights and enduring lengthy legal proceedings.
For heirs living in Tuzla, expert legal support ensures the following:
The correct issuance of the certificate of inheritance,
The timely and proper execution of inheritance renunciation procedures,
The sound execution of consensual division in inheritance sharing,
The protection of rights during the estate’s liquidation process when all heirs renounce,
And the prevention of errors that could lead to a loss of rights, in accordance with Supreme Court precedents.
Therefore, in regions such as Istanbul, lawyers in Tuzla, lawyers in Pendik, lawyers in Kartal, lawyers in Maltepe, lawyers in Aydınlı, lawyers in Orhanlı, lawyers in Gebze, lawyers in Çayırova, lawyers in Tepeören, lawyers in Darıca, and lawyers in Bayramoğlu, working with an expert lawyer in Tuzla during inheritance division or renunciation processes is of great importance for both legal security and the protection of heirs’ interests.
