In the field of law, there are various types of contracts, and one of them, which should be especially considered, is the "Inheritance Distribution Contract". This contract, which is generally not widely known, is of great importance in practice. In this article, frequently asked questions about the Inheritance Distribution Agreement will be discussed.
Inheritance Distribution Agreement is essentially an agreement that determines how the inheritance will be distributed. The main purpose of this agreement is to ensure a fair distribution of rights among the heirs. The Inheritance Distribution Agreement includes the regulation and fair distribution of the total inheritance transferred to the heirs. It offers significant advantages for heirs. If there is more than one rightful owner on the inheritance, this leads to joint ownership of the inheritance and the heirs' powers of disposition, such as transferring or selling the inheritance, are limited. However, when an Inheritance Distribution Agreement is drawn up, the heirs have the authority to personalize their share.
Preparation Process of Inheritance Distribution Agreement
The Inheritance Distribution Agreement is a critical issue for the heirs and it is of great importance to prepare it correctly. This contract must be prepared in accordance with the purpose and without deviations in order to determine the inheritance shares. In this process, the common will of all heirs is essential.
In order for the contract to be prepared, the participation of all heirs is mandatory. The will of several heirs alone is not sufficient for the preparation of the contract. During the process of drafting the contract, each heir must sign the contract by cooperating with an "inheritance lawyer" and participating with his/her own free will.
Article 676 and subsequent articles of Law No. 4721 of the Turkish Civil Code regulate the sharing of inheritance. According to these articles, for the Inheritance Distribution Agreement to be valid, it must be drawn up in writing. Although it is not mandatory to prepare it officially, notary approval is important in terms of proving the contract.
The Inheritance Distribution Agreement must be realized under the conditions of the participation of all legal or appointed heirs, signed with their free will and in writing. For a valid contract, all heirs must decide unanimously on the distribution of the inheritance and the shares they will receive from the estate. If it is claimed that the contract does not reflect the true intentions and is fraudulent, the heirs' creditors may file a lawsuit for annulment of the disposition in order to invalidate the contract.
Legal Explanations About Inheritance Partnership and Partition Agreements
Article 640 of the Turkish Civil Code (TMK) explains the formation of a partnership in the presence of more than one heir, starting with the passing of the inheritance and continuing until sharing. According to this article, the heirs have a common property covering the rights and debts of the estate and they dispose of all rights belonging to the estate together.
According to Article 677 of the TMK, it is accepted as a condition for validity that the contracts made by the heirs regarding the transfer of the inheritance share on all or part of the estate are in writing, while the validity of similar contracts made by the heir with a third party depends on their preparation by a notary. Such agreements do not give third parties the authority to participate in the sharing, but only provide the right to request that the heir's share be given to him at the end of the sharing.
Inheritance division agreements, as long as they are legally valid, bind all heirs and produce official results in the distribution of estate assets. These contracts can be terminated by agreement between the heirs or, in case of disagreement, through a termination lawsuit filed by the injured heir. When an annulment lawsuit is filed, the competent court is the civil court of peace and the competent court is the court of the last place of residence of the deceased.
Validity Conditions of the Inheritance Distribution Agreement
There are some important conditions for the inheritance division agreement to be valid. If these conditions are not met, the contract loses its legal validity and does not have any effect or consequence.
1. Timing: One of the most important conditions for the preparation of the contract is that it must be made after the death of the testator. A contract prepared while the testator is alive is not legally valid. In addition, another condition required for the contract is that the inheritance has not been divided before. If the inheritance has been previously divided, the heirs cannot come together and make a new division later.
2. Written Form Requirement: It is sufficient to make the contract in writing. It does not have to be done officially or approved by an official institution. However, when it comes to the division of real estate assets, such assets must be registered through a notary.
3. Free Will of the Heirs: The inheritance division agreement is subject to the condition that all heirs participate and sign with their free will. If even a single heir does not sign, the contract is deemed invalid.
Cancellation of the Inheritance Distribution Agreement and Related Legal Procedures
There are certain legal conditions and procedures for the cancellation of the inheritance division agreement. According to the Civil Code, since equality is not mandatory in the distribution of inheritance, unequal sharing is not a sufficient justification for cancellation. However, mistakes made during sharing, mistakes, or threats or intimidation of the heir are considered valid reasons for the cancellation of the contract.
According to Article 643 of the Turkish Civil Code, if there is a fetus that can inherit as of the date of opening of the inheritance, the sharing of the inheritance can be postponed until the birth of the fetus and, if necessary, the living expenses of the mother until birth can be covered from the estate.
11/1 of the Code of Civil Procedure. According to the regulation specified in the article, the court of the last place of residence of the deceased has final jurisdiction in cases of invalidity of the inheritance distribution agreement and other cases related to inheritance. In this case, the competent court for the inheritance division case is determined as the court of the last place of residence of the testator and the competent court is defined as the civil court of peace. This absolute jurisdiction rule prevents the case from being filed elsewhere, even if the heirs agree. The court must automatically take into account this rule of jurisdiction. Similarly, in cases related to inheritance sharing agreements, the court of the deceased person's last place of residence will have jurisdiction.
Legal Consequences and Conditions of the Inheritance Distribution Agreement
The inheritance division agreement creates a number of legal consequences and is subject to some special conditions. These results and conditions can be summarized as follows:
1. Responsibilities of the Heirs: According to the inheritance division agreement, each heir is responsible for his share towards the other heirs in accordance with the sales provisions. The responsibilities of the heirs to each other end with the delivery of the movables or the registration of the immovables.
2. Rights and Obligations of the Heirs: After the inheritance division agreement, each heir has the right to claim his own share. However, if the heirs do not pay their debts on time or do not fulfill their agreed obligations, other heirs have the right to file a lawsuit.
3. Joint and Joint Liability: After the inheritance division agreement is made, the heirs are jointly responsible for the debts on the estate. When an heir makes a payment to the estate creditor, he has the right of recourse to other heirs. This liability is valid within a five-year statute of limitations from the date of sharing.
4. Sharing by the Court: If the heirs cannot agree on how the inheritance will be distributed, they can request the sharing to be made by the court.
5. Validity of Illegal Contracts: The inheritance division contract is valid if implemented even if it is unprocedural. However, partition agreements regarding immovable properties with shared ownership are invalid and must be made officially for the assignment of the share.
6. Situation of Debt Partners: According to Article 121 of the Debt Partner, the creditor of the debtor partner may file a lawsuit for the dissolution of the partnership for the real estate in which the debtor partner is a partner. In this case, the property right of the debtor partner must be subject to joint ownership.
7. Property Regime Agreements: 462/9 of the Turkish Civil Code. According to the article, property regime contracts, contracts for distribution of inheritance and transfer of inheritance share are subject to the permission of the guardianship authority.