Disinheritance vs. Unworthiness to Inherit in Turkey

Disinheritance (Exheredation) and Unworthiness to Inherit: Loss of Heirship Status in Turkish Civil Law

Inheritance Law not only regulates the legal destiny of a person's assets upon death but also monitors the legal and moral obligations of heirs toward the deceased (testator/decedent). The Turkish Civil Code (TCC) provides two distinct mechanisms to address severe breaches of these obligations or other statutory misconduct, both of which can lead to the loss of inheritance rights: Disinheritance (Iskat or Exheredation) and Unworthiness to Inherit (Mirastan Yoksunluk).

Although both institutions result in an individual forfeiting their share of the estate (the estate or tereke), they differ fundamentally in their legal nature, application requirements, and consequences. Disinheritance is a voluntary testamentary disposition stemming from the will of the testator, whereas Unworthiness to Inherit is an automatic sanction by operation of law.

I. Disinheritance (Exheredation): A Testamentary Sanction

Disinheritance (Iskat) is the deliberate, unilateral declaration of the testator, made through a testamentary disposition (will or contract of succession), to deprive a forced heir (an heir entitled to a statutory share or saklı pay) of their inheritance rights and their protected statutory share due to specific, legally defined misconduct.

This institution serves to enforce moral obligations and expand the testator's freedom of testation (tasarruf özgürlüğü) beyond the strict limits of forced heirship.

1. Grounds for Punitive Disinheritance (TCC Article 510)

The TCC specifies limited and mandatory grounds based on the heir's severe misconduct against the testator or the family:

Turkish Civil Code (TCC) Article 510 – Grounds for Disinheritance

"The testator may, by means of a testamentary disposition, disinherit a forced heir in the following cases:

1. If the heir has committed a serious crime against the testator or a close relative of the testator;

2. If the heir has gravely violated his or her statutory obligations arising from family law towards the testator or the members of the testator’s family."

• Serious Crime: This action must be of a nature that fundamentally shakes the familial bond, directed against the testator or a person closely related to the testator.

• Grave Violation of Family Obligations: This typically refers to the substantial failure to fulfil essential family law duties, such as those of aid, respect, and loyalty.

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2. Protective Disinheritance (Disinheritance Due to Insolvency)

A different form of disinheritance is purely protective, aimed at shielding the estate from the disinherited heir’s creditors:

TCC Article 513 – Disinheritance Due to Insolvency

"The testator may disinherit his or her descendants for half of their statutory share if they hold an official certificate of insolvency (borç ödemeden aciz belgesi). However, this half must be reserved for the disinherited heir’s born and future-born descendants (issue).

The disinheritance shall be annulled upon the request of the disinherited heir if, upon the opening of the succession, the debt covered by the certificate of insolvency has ceased to exist or if the amount of the debt does not exceed half of the heir’s share."

This provision ensures that the inheritance is secured for the subsequent generation of heirs, preventing the share from being seized by the indebted heir's creditors.

3. Legal Consequences and Protection of Descendants

When a disinheritance is valid, it produces two primary effects:

TCC Article 511 – Consequences of Disinheritance

"The person who is disinherited may not receive a share of the inheritance, nor may they file an action for reduction (tenkis davası).

Unless the testator has disposed otherwise, the inheritance share of the disinherited person shall devolve upon the disinherited person’s descendants (issue), if any, as if the disinherited person had predeceased the testator, or otherwise upon the testator’s legal heirs.

The disinherited person’s descendants may claim their statutory share (legal reserve) as if the disinherited person had predeceased the testator."

• Loss of Heirship Status: The disinherited heir loses both their legal share and their protected statutory share, including the right to bring an action for reduction.

• Protection of the Issue (Descendants): The law protects the rights of the next generation. The disinherited heir’s share passes to their descendants, who are entitled to claim their own statutory share against the estate.

4. Burden of Proof and Challenge

Disinheritance must be made in the required form of a testamentary disposition and must state the grounds for the action:

TCC Article 512 – Burden of Proof

"Disinheritance shall only be valid if the testator has stated the reason for the disinheritance in the relevant disposition.

If the disinherited person challenges the disposition, the burden of proving the existence of the stated reason falls upon the heir or legatee who benefits from the disinheritance.

The disinheritance shall be invalid if the testator was clearly mistaken about the reason for the disinheritance."

II. Unworthiness to Inherit: A Statutory Sanction

Unworthiness to Inherit (Mirastan Yoksunluk), is a sanction imposed by law, whereby a person who commits certain grave, wrongful acts against the testator or their freedom of testation automatically and directly by operation of law loses the capacity to inherit or acquire rights through any testamentary disposition.

This institution upholds fundamental ethical and legal principles within private law, requiring no action or disposition on the part of the testator.

1. Grounds for Unworthiness

The grounds for unworthiness are exclusively and restrictively enumerated in the TCC, focusing on intentional acts against the testator's life or capacity to make dispositions:

TCC Article 578 – Grounds for Unworthiness

"The following persons may neither be heirs nor acquire any right under a testamentary disposition:

1. Those who have intentionally and unlawfully killed or attempted to kill the testator;

2. Those who have intentionally and unlawfully rendered the testator permanently incapable of making a testamentary disposition;

3. Those who have caused or prevented the testator from making or revoking a testamentary disposition through deception, coercion, or duress;

4. Those who have intentionally and unlawfully destroyed or falsified a testamentary disposition when the testator was no longer able to remake it."

   Unworthiness is removed by the pardon of the testator.

2. Consequences of Unworthiness

The effects of Unworthiness are more severe than Disinheritance:

TCC Article 579 – Effect of Unworthiness

"Unworthiness shall affect the unworthy person only.

The descendants of the unworthy person shall inherit as if the unworthy person had predeceased the testator."

• Automatic Effect: Unworthiness takes effect ipso jure (by operation of law) immediately upon the occurrence of the act, without the need for a court decision or the testator's disposition.

• Total Forfeiture: The unworthy person loses their entire inheritance right, including any statutory share.

• Personal Nature: The sanction is personal. The descendants (issue) of the unworthy person are not affected by their ancestor's unworthiness and inherit in their place.

• Removal by Pardon: The only way to remove the effect of unworthiness is through the testator’s pardon, which can be explicit or implied, provided the testator had the capacity to discern at the time of the pardon.

III. Comparative Summary

Conclusion

Disinheritance and Unworthiness to Inherit are indispensable safeguards in inheritance law, promoting justice and moral accountability. Disinheritance is a formal, volitional act by the testator that is subject to strict procedural and substantive requirements, primarily concerning forced heirs. In contrast, Unworthiness to Inherit is an obligatory legal sanction triggered by serious, wrongful acts, instantly disqualifying the perpetrator from inheriting any portion of the estate. Due to the complex legal consequences of these institutions—particularly concerning the burden of proof, the rights of descendants, and the risk of annulment—it is critically important that any proceedings related to challenging or enforcing disinheritance or unworthiness are handled with the expertise of a specialist in Inheritance Law.