A contract of renunciation of inheritance is a contract by which an heir gives up their status as heir during the deceased’s lifetime. Two features distinguish it from similar institutions: it is two-sided — the deceased is a party to it — and it is made during the deceased’s lifetime.
Renunciation of inheritance must therefore not be confused either with disinheritance, which the deceased does alone, or with renunciation of the estate, which the heir does alone after death. Unlike disinheritance, renunciation requires no ground to be stated; the heir’s consent is already present. In the case of disinheritance, the grounds are listed in the statute.
The order of inheritance and the reserved share proportions are explained on the Inheritance Law page.
What is a contract of renunciation of inheritance?
The deceased may conclude a contract of renunciation of inheritance with an heir, gratuitously or in return for consideration; the renouncing party loses their status as heir (Turkish Civil Code art. 528).
A unilateral declaration does not take the place of a contract of renunciation. The deceased is a party to the contract; a document signed by the heir alone or attested by a notary public is not a renunciation of inheritance. The difference is expressly stated in the notarial legislation: a notary’s signature attestation certifies that the attested signature belongs to the person concerned and does not cover the content of the legal transaction (Turkish Notary Law art. 82). The transaction to be requested is therefore not an “attestation” but a transaction “in the form of a notarial instrument” (Turkish Notary Law art. 89).
Likewise, the deceased cannot unilaterally force an heir to renounce — the avenue available for that is disinheritance, which depends on the grounds listed in the statute.
How and where is a contract of renunciation of inheritance made?
The formal requirement is strict. Renunciation of inheritance is an inheritance contract, and for an inheritance contract to be valid it must be drawn up in the form of an official will: the parties declare their wishes to the authorised official at the same time and sign the contract in the presence of the officer and two witnesses (Turkish Civil Code art. 545). The official officer may be a civil court of peace judge, a notary public or another official entrusted with this power by law (Turkish Civil Code art. 532).
The phrase “at the same time” matters: a transaction in which the parties attend separately and sign separately does not comply with this form.
Witnesses cannot be family members. The form of the official will also determines who may act as a witness, and this is the point most easily overlooked in a transaction within the family. Persons lacking legal capacity, persons barred from public service by a criminal court judgment, persons who cannot read or write, the deceased’s spouse, blood relatives in the direct line of ascent and descent, siblings and the spouses of these persons cannot take part in the drawing up of an official will as an officer or witness (Turkish Civil Code art. 536). In other words, a mother, father, child, grandchild, sibling, daughter-in-law, son-in-law or spouse cannot be a witness. In addition, no benefit may be conferred by that transaction on the officer or witnesses taking part in the drawing up, their blood relatives in the direct line of ascent and descent, their siblings or the spouses of these persons.
A common assumption is also wrong here: a notary’s clerks and staff cannot be witnesses either (Turkish Notary Law art. 78). The two witnesses must therefore be found outside both the family and the notary’s office. Non-compliance with the form is a ground for seeking annulment of the contract (Turkish Civil Code art. 557).
Capacity also differs. While having discernment and having completed the age of fifteen suffices to make a will (Turkish Civil Code art. 502), making an inheritance contract requires having discernment, being of full age and not being subject to a restriction (Turkish Civil Code art. 503).
The difference between renunciation for consideration and gratuitous renunciation
The statute distinguishes renunciation for consideration from gratuitous renunciation, and the difference first arises for descendants: a renunciation of inheritance made in return for consideration also has effect for the renouncing party’s descendants unless the contract provides otherwise (Turkish Civil Code art. 528). In the case of gratuitous renunciation, the statute does not provide for such an extension. In either case, it is advisable to set out the position of the descendants in the contract.
The consideration may be subject to abatement. If the deceased made transfers or provided benefits to the renouncing heir during their lifetime that exceed the disposable portion of the estate, the other heirs may seek their abatement; in that case only the amount exceeding the reserved share of the renouncing party is subject to abatement (Turkish Civil Code art. 573).
If the renouncing party is obliged to return a value to the estate, they have two options: they may return the value subject to abatement, or they may return everything they received to the estate and take part in the distribution as if they had not renounced the inheritance (Turkish Civil Code art. 574). The second option may be more favourable to the renouncing party where the estate has grown over the intervening years.
The renouncing party’s liability for estate debts
Having received consideration may also give rise to liability. If, at the time the inheritance opens, the estate cannot cover its debts and the debts are not paid by the heirs either, the renouncing party and their heirs are liable to creditors, up to the amount of their enrichment at the time the inheritance opens, for the consideration they received from the deceased within the five years before death (Turkish Civil Code art. 530).
Two details define the limits. The five-year period is counted backwards from the date of death; the date of the contract is not decisive. And liability extends not to the whole of the consideration received but only to the enrichment remaining at the time of death.
Can siblings conclude a contract of renunciation of inheritance between themselves?
In most cases no — but the desired result may be achievable by another route.
The deceased is a party to the contract. A document written between two siblings among themselves while their mother or father is alive is not a contract of renunciation of inheritance, and the statute expressly treats it as invalid: contracts that an heir makes with other heirs or with a third party concerning an inheritance that has not yet opened, without the deceased’s participation or consent, are invalid; restitution may be sought for performances rendered under such a contract (Turkish Civil Code art. 678).
The article itself shows the solution: if the deceased participates or consents, the obstacle falls away. The correct structure is as follows: the contract is made between the deceased and the renouncing heir and is arranged in favour of a specified person (Turkish Civil Code art. 529) — that person may well be the other sibling. In other words, a sibling cannot be a party to the contract, but can be its beneficiary.
One detail must not be overlooked here: the beneficiary sibling cannot also act as a witness, because the deceased’s siblings and descendants are disqualified from acting as witnesses (Turkish Civil Code art. 536).
Both exceptions should also be noted. If the deceased is themselves a sibling — the heirs of a person with no descendants are their parents and their parents’ descendants — a renunciation contract made between two siblings is valid. And after death, an heir’s share may be transferred between the heirs; the conditions for this are set out below under “After the deceased’s death”.
When does renunciation cease to have effect and how does it end?
Loss of effect. Where a contract of renunciation of inheritance has been made in favour of a specified person and that person cannot become an heir for any reason, the renunciation ceases to have effect. Where the contract has not been made in favour of a specified person, it is deemed to have been made in favour of the descendants of the nearest common stock, and if these cannot become heirs, the renunciation likewise ceases to have effect (Turkish Civil Code art. 529).
This provision requires reading the structure described in the previous section together with a risk: if the renunciation is made in favour of the other sibling and that sibling dies before the deceased, the renunciation also ceases to have effect.
Cancellation and rescission. An inheritance contract may be cancelled at any time by written agreement of the parties (Turkish Civil Code art. 546). A party entitled to demand inter vivos performances under the contract may rescind the contract under the rules of the law of obligations if those performances are not rendered in accordance with the contract or are not secured (Turkish Civil Code art. 547). In the case of renunciation for consideration, disputes mostly arise here: consideration was promised but not paid.
The statute grants the deceased one further right of unilateral cancellation, but it does not apply to this contract: unilateral cancellation of an inheritance contract is tied to the case where a person appointed as heir or left specific property by the inheritance contract subsequently engages in conduct constituting a ground for disinheritance (Turkish Civil Code art. 546). A renouncing heir is not a person who has been appointed as heir or left property.
Annulment. Since renunciation is also a disposition upon death, the grounds and periods for annulment follow the general rule: annulment may be sought where the disposition was made without capacity, or on grounds of mistake, fraud, intimidation, coercion, unlawfulness or immorality, or non-compliance with the form (Turkish Civil Code art. 557); the right of action lapses one year from the date of discovery, and in any event ten years as against defendants in good faith and twenty years as against those not in good faith (Turkish Civil Code art. 559). The point to note is this: because the statute sets the outside period “from the date the inheritance passes in the case of other dispositions”, the ten- and twenty-year periods run from the date of death, even if the contract was made years earlier.
Which court? Since renunciation of inheritance is also a disposition upon death, an action for its annulment is heard, in the absence of any provision to the contrary, by the civil court of first instance (Turkish Code of Civil Procedure art. 2), and the court of the deceased’s last domicile has exclusive jurisdiction (Turkish Code of Civil Procedure art. 11/1-a; Turkish Civil Code art. 576).
What does the statute presume if it is not written into the contract?
The statute leaves three points to the parties and lays down a default for each. If they are not expressly agreed in the contract, the default applies, and all three may produce a result different from what the parties expected.
| If not written into the contract | The statutory default | Basis |
|---|---|---|
| Beneficiary | Deemed made in favour of the descendants of the nearest common stock | art. 529 |
| Position of descendants (in renunciation for consideration) | Extends to descendants | art. 528 |
| Security for the consideration | If not paid or not secured, a right to rescind the contract arises | art. 547 |
All three may be expressly agreed in the contract. A renouncing party who does not wish their children’s inheritance rights to be affected must have this written into the contract.
Can renunciation take place after the deceased’s death? Renunciation of the estate and transfer of a share
No. The deceased is a party to a contract of renunciation; no such contract can be concluded after death. But an heir who does not want their share after death has two distinct routes before them, and their consequences differ.
| Renunciation of inheritance | Renunciation of the estate | Transfer of the inheritance share | |
|---|---|---|---|
| When | During the deceased’s lifetime | After death | After death |
| Who are the parties | Deceased + heir | Heir, unilaterally | Heir + transferee |
| How, where | In the form of an official will; before the officer and two witnesses (art. 545) | Oral or written declaration to the civil court of peace (art. 609) | In writing between heirs; by notarial instrument with a third party (art. 677) |
| Period | Not subject to a period | Three months. For a statutory heir the period runs from the date the heir learns of the death, unless it is proved that they learned of their status as heir later; for an appointed heir, from the date the disposition was officially notified to them (art. 606) | Not subject to a period |
| May consideration be received | Yes, renunciation for consideration | No | Yes |
| Status as heir | Lost (art. 528) | The share passes to those entitled as if the heir had not been alive at the time the inheritance opened; the renouncing party’s descendants may therefore become heirs (art. 611) | Continues. If the transfer is made to a third party, that person cannot take part in the distribution and may only require that the share allocated to the heir at the end of the distribution be handed over to them; there is no such restriction in a transfer between heirs (art. 677) |
| Liability for estate debts | In principle none; however, if the estate cannot cover its debts and they are not paid by the heirs, liability up to the amount of enrichment from consideration received in the five years before death (art. 530) | In principle none; however, if the deceased was insolvent, liability to the extent of the value received in the five years before death that is to be returned in the distribution (art. 618) | Continues — since the transferring heir remains an heir, they are jointly and severally liable for the estate debts (art. 641) |
| Source | Turkish Civil Code art. 528–530, art. 545 | Turkish Civil Code art. 605–611, art. 618 | Turkish Civil Code art. 641, art. 677 |
There is a further detail in renunciation of the estate: if the deceased’s insolvency at the date of death is clearly apparent or officially established, the estate is deemed to have been renounced (Turkish Civil Code art. 605); no separate application is required. Details are on the how to renounce an estate page. A distribution agreement made between heirs is also subject to the written form (Turkish Civil Code art. 676).
Frequently asked questions
Can a contract of renunciation of inheritance be made at the land registry or by a simple undertaking before a notary?
No. Renunciation concerns not a particular immovable but the status as heir as a whole, and it must be drawn up in the form of an official will: the deceased and the heir together, before the authorised official and two witnesses (Turkish Civil Code art. 545). A unilateral undertaking attested by a notary public does not satisfy this form.
Is it necessary for the deceased to attend in order to renounce an inheritance?
Yes. The parties declare their wishes to the official officer at the same time and sign the contract in the presence of the officer and two witnesses (Turkish Civil Code art. 545). A transaction arranged by the heir alone is not a contract of renunciation of inheritance.
Could my sibling renounce the inheritance and we write it between ourselves, would that work?
A document written between you while your mother or father is alive is not valid (Turkish Civil Code art. 678). The correct structure is for the contract to be made between the deceased and your sibling and in your favour (Turkish Civil Code art. 528, art. 529). You may be the beneficiary, but you cannot act as a witness in that transaction (Turkish Civil Code art. 536).
Can a person who has renounced an inheritance change their mind later?
Not unilaterally. An inheritance contract may be cancelled by written agreement of the parties (Turkish Civil Code art. 546). Unilateral rescission is possible only in a narrow case: if the inter vivos performances under the contract are not rendered or not secured, the party entitled to demand them may rescind the contract (Turkish Civil Code art. 547). Where the conditions are met, an action for annulment is also a separate route (Turkish Civil Code art. 557).
Can the children of the heir who has renounced the inheritance inherit?
If the renunciation was made in return for consideration, it also has effect for the descendants unless the contract provides otherwise — in other words, the children are also excluded. In the case of gratuitous renunciation, the statute does not provide for such an extension; the children therefore in principle remain heirs (Turkish Civil Code art. 528). To leave no uncertainty, it is advisable to set out the position of the descendants expressly in the contract.
Legislation relied on
Turkish Civil Code No. 4721 — art. 502–503 (capacity to make a will and an inheritance contract), art. 528 (renunciation of inheritance), art. 529 (loss of effect), art. 530 (liability to estate creditors), art. 532 (official will), art. 536 (prohibition on participation in the drawing up), art. 545 (form of the inheritance contract), art. 546–547 (cancellation and rescission), art. 557 (grounds for annulment), art. 559 (periods for annulment), art. 573–574 (abatement against the renouncing party and restitution), art. 576 (competent court), art. 605–606, art. 609 and art. 611 (renunciation of the estate and its consequences), art. 618 (liability of those renouncing the estate of an insolvent deceased), art. 641 (heirs’ liability for estate debts), art. 676–678 (distribution agreement, transfer of the inheritance share, contract concerning an inheritance not yet opened) — mevzuat.gov.tr
Turkish Notary Law No. 1512 — art. 78 (persons who cannot be witnesses), art. 82 (effect of notarial transactions and scope of signature attestation), art. 89 (transactions that must be made in the form of a notarial instrument) — mevzuat.gov.tr
Turkish Code of Civil Procedure No. 6100 — art. 2 (jurisdiction by subject matter), art. 11 (exclusive jurisdiction in inheritance cases) — mevzuat.gov.tr
Related pages
- Inheritance Law — parent page
- Disinheritance and the so-called “rejection of a child”
- How to renounce an estate
- How is the reserved share calculated?
- How to obtain a certificate of inheritance
- My mother died and my father remarried: what happens to the inheritance?
This article is intended for general legal information and does not constitute legal advice. As the circumstances of each case differ, you are advised to obtain legal support from your attorney at law for your specific situation.