Renunciation of Inheritance in Turkey (Reddi Miras)

Renunciation of Inheritance (Reddi Miras): A Means of Escaping Liability for Estate Debts

The Principle of Universal Succession (or Külli Halefiyet İlkesi) forming the basis of Turkish Inheritance Law dictates that upon the death of the deceased, the heirs assume all of the deceased's private legal relations—not only their assets but also their debts, collectively. However, this situation poses a risk that the heirs may be faced with debts exceeding the value of the estate (tereke). To mitigate this risk, the Turkish Civil Code (TCC) grants heirs the institution of Renunciation of Inheritance (known as Reddi Miras), which allows them to terminate their status as an heir and, consequently, their personal liability for debts.

Renunciation of inheritance is the unilateral declaration of intent, which cannot be conditional, by which legal and appointed heirs set aside the status of heir they automatically acquired upon the death of the deceased. This article provides a detailed examination of the two fundamental types of renunciation (Actual Renunciation and Deemed Renunciation), the process, statutory time limits, and legal consequences.

I. The Concept and Types of Renunciation

The primary purpose of renouncing the inheritance is to prevent heirs from being held liable for the debts of the deceased with their own personal assets. The TCC regulates two distinct types of renunciation.

1. Actual Renunciation (Explicit Renunciation)

Actual renunciation is the explicit and voluntary declaration by the heir, subsequent to the devolution of the inheritance, that they do not accept the inheritance.

Turkish Civil Code (TCC) Article 605 – Right to Renounce

"Legal and appointed heirs may renounce the inheritance.

If the deceased's insolvency was evident or officially established at the time of death, the inheritance is deemed to have been renounced."

Actual renunciation is a free right that can be invoked even when the estate's assets might cover its debts, but the heir does not wish to accept the inheritance for personal reasons, or where the estate is not clearly insolvent.

2. Deemed Renunciation (Renunciation by Presumption)

Deemed renunciation operates on the presumption that the inheritance is insolvent (debt-ridden). Regulated in the second paragraph of TCC Article 605, this situation does not require an explicit declaration of intent by the heir.

At the time of the deceased's death, their insolvency (inability to pay debts) must be evident or officially established. Where these conditions are met, the inheritance is deemed to have been renounced, and the heir is not subject to the statutory time limit. The heir may file an action for the determination (a declaratory action) that the inheritance is deemed to have been renounced, or they may raise this as a defence (def'i) in a lawsuit brought against them by the deceased's creditors. Deemed renunciation automatically relieves the heir of debt liability.

II. Process and Formal Requirements for Actual Renunciation

Actual renunciation is subject to strict formal and time requirements. Non-compliance with these requirements leads to the forfeiture of the right to renounce, and the inheritance is deemed to have been accepted unconditionally.

1. Time Limit for Renunciation and Commencement

The Law grants heirs a peremptory (preclusive) period for the renunciation of inheritance:

TCC Article 606 – Period for Renunciation

"The inheritance may be renounced within three months.

This period shall commence for legal heirs from the date they learn of the deceased’s death; and for heirs appointed under a testamentary disposition, from the date the disposition of the deceased is officially notified to them."

• For Legal Heirs: The period starts on the date they learn of the deceased's death. If the date of knowledge cannot be proven, the date of death is taken as the starting point.

• For Appointed Heirs: The period starts on the date the testamentary disposition appointing them is officially served upon them by the Civil Court of Peace (Sulh Hukuk Mahkemesi).

This three-month period is a forfeiture period; generally, after its expiry, the possibility of renouncing the inheritance ceases, and the heir is deemed to have accepted the inheritance unconditionally.

2. Formal Requirement and Competent Authority

The renunciation must be made to the Civil Court of Peace (Sulh Hukuk Mahkemesi) of the deceased's last domicile.

TCC Article 609 – Declaration of Renunciation

"The renunciation of the inheritance shall be made by the heirs to the Civil Court of Peace through an oral or written declaration.

The renunciation must be unconditional.

The Judge of the Civil Court of Peace shall record the oral or written declaration of renunciation in a minute (record).

A declaration of renunciation made within the period shall be entered into a special register by the Civil Court of Peace of the place where the succession opened, and the renouncing heir shall be given a certificate of renunciation if requested."

• Unconditional Nature: The declaration of renunciation cannot be made subject to conditions, such as "I renounce under this condition"; otherwise, it is deemed invalid.

• Renunciation by Proxy: The renunciation can be made by the heir in person or through a proxy (vekil) with a special power of attorney certified by a notary public.

III. Forfeiture of the Right to Renounce (Implied Acceptance)

In addition to the expiry of the three-month renunciation period, the Law stipulates that the right to renounce is also forfeited if the heir engages in certain behaviours, thereby creating a presumption of implied (or tacit) acceptance.

TCC Article 610 – Forfeiture of the Right to Renounce

"The heir who fails to renounce the inheritance within the statutory period shall be deemed to have accepted the inheritance unconditionally.

The heir who, before the expiry of the renunciation period, interferes with the affairs of the estate, performs acts beyond the ordinary administration of the estate, or pays the deceased’s debts from their own property, forfeits the right to renounce."

According to this provision:

1. Expiry of the Period: The three-month period expires.

2. Interference with Estate Affairs: Actions taken by the heir that exceed the scope of the ordinary administration of the estate (e.g., attempting to sell the inheritance, undertaking to pay a large debt, etc.) imply acceptance of the inheritance.

   • Important Note: Necessary actions falling within the scope of the protection and ordinary administration of the estate (e.g., collecting rent, selling perishable goods) do not lead to the forfeiture of the right to renounce.

IV. Devolution of the Inherited Share Consequent to Renunciation

The renunciation of inheritance produces legal effects that concern not only the renouncing heir but also determine to whom the inherited share will devolve.

1. Consequence of Renunciation for Legal Heirs

TCC Article 611 – Devolution of the Inheritance in Case of Renunciation

"If one of the legal heirs renounces the inheritance, their share passes to the beneficiaries entitled, as if the renouncing heir were not alive when the inheritance opened.

If an appointed heir renounces the inheritance, their share passes to the legal heirs, unless otherwise inferred from the deceased’s disposition."

• When a legal heir (e.g., a child) renounces the inheritance, that person is treated as if they had pre-deceased the deceased. Consequently, the renouncing heir’s descendants (children/grandchildren), if any, become the heirs in their place.

• If the renouncing party has no descendants, their share increases the shares of the other heirs in the same parentelic line (zümre).

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2. Renunciation by All Closest Heirs and Liquidation

The collective renunciation of the inheritance by all legal heirs in the closest parentelic line results in a specific outcome regarding the estate's fate.

TCC Article 612 – Renunciation by All Closest Heirs

"An inheritance renounced by all of the closest legal heirs shall be liquidated by the Civil Court of Peace in accordance with the provisions on bankruptcy.

The remaining values after the liquidation shall be distributed to the beneficiaries entitled as if they had not renounced the inheritance."

In this scenario, the inheritance does not pass to the next parentelic line; rather, the estate (assets and debts) is liquidated according to bankruptcy rules for the purpose of debt settlement. If a remaining value (surplus) is left after the debts are paid through liquidation, this surplus is distributed to the heirs of that closest parentelic line, as if they had not renounced the inheritance.

3. Renunciation by All Descendants and the Surviving Spouse

A special situation arises when all the deceased's descendants renounce the inheritance while a surviving spouse is an heir:

TCC Article 613 – Renunciation by All Descendants

"If all descendants renounce the inheritance, their share passes to the surviving spouse."

This provision prevents the renounced shares from passing to the next parentelic line (the parents' parentelic line) according to the parentelic system, ensuring that these shares devolve entirely upon the surviving spouse. The spouse thus becomes the sole owner of the entire inheritance.

V. Revocation and Annulment of the Declaration of Renunciation

The renunciation of the inheritance is a unilateral declaration of intent that becomes legally conclusive upon execution. However, if this declaration was made due to defects in consent such as mistake (hata), fraud (hile), or duress (tehdit), its annulment may be sought through legal avenues.

The creditors of the heir are protected by the Law against the heir renouncing the inheritance solely to evade their creditors:

TCC Article 617 – Protection of Creditors of the Renouncing Heir

"If the heir is insolvent while renouncing the inheritance, their creditors and the bankruptcy administration may file an action for the annulment of the renunciation within six months.

If the annulment of the renunciation is decided, the inheritance shall be liquidated officially.

Any value remaining after the liquidation shall first be used to pay the claims of the plaintiff creditors. If any value remains, it shall be given to the renouncing heir."

This provision is a crucial legal safeguard aimed at preventing dishonest heirs from renouncing an inheritance merely to protect their assets from their creditors.

Conclusion

The institution of renunciation of inheritance is a vital mechanism that protects heirs from being held personally liable for the inherited debt burden. Legal or appointed heirs who wish to exercise this right must not miss the three-month forfeiture period stipulated by the Law, and must make their declaration of renunciation to the Civil Court of Peace of the deceased's last domicile, unconditionally. In cases where the inheritance is insolvent, the determination of deemed renunciation can be sought without being bound by the time limit. Given the technical nature and critical consequences of an action like the renunciation of inheritance, managing these processes with the support of an inheritance law expert is of paramount importance to prevent loss of rights.

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