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Will is the written or verbal declaration of the way he shared his legacy with his latest wishes. after his death.
CANCELLATION OF A WILL IN TURKEY
Will is the written or verbal declaration of the way he shared his legacy with his latest wishes after his death.In accordance with Civil Law the will can be arranged;
2-With hand writing
The official will is issued in the presence of the civil servant stated in the law with the participation of two witnesses. The official officer is the magistrate, notary and those who are authorized by the law.
According to the law, those who
- do not have capacity
- are banned from public service by court decision,
- are not illiterate,
- is the spouse of the inheritor and have lineal and blood kinship and are relatives and siblings of the inheritor,
They cannot be the officer or the wtiness in the will.
According to the principles of the Civil Law , the will will be valid in practice if it bears the form and validity requirements.
However, since the will is a one-sided process, the will can be cancelled at any time without the need for a reason.
The process of returning from a will is possible ;
• With a new will,
• By destroying the will,
• due to the subsequent savings.
The valid reasons for the cancellation of the will are specified in the law and if;
•if the person who made the will do not have disposing capacity while making the will
• If the content and results of the will are not in accordance with law and ethics,
• If the form of the will is unlawful,
• If the will is made by misleading, tricking, pressing and frightening, the case for the cancellation of the will can be opened.
The cancellation of the will shall be requested by the heirs who have an interest in the cancellation of the will. All or part of the will can be cancelled by the court. The suing time
- is one year from the learning date for the heirs,
-ten years in all cases against bone fide defendants
- twenty years against non bone fide defendants.
In addition, invalidation can always be asserted through exception of unconstitutionality.
Inheritance cases are common type of cases in the society and are the cases that cause unpleasantness among family members. It is important to get professional help in order to conclude the case as soon as possible, to prevent possible negativities and to prevent loss of rights.