An inheritance contract is a specific legal transaction through which the deceased regulates the disposition of their estate to take effect after death by means of a mutual and binding agreement, rather than a unilateral declaration of intent.

In practice, it is particularly preferred for purposes such as planning the distribution of assets within the family, leaving specific property to a designated person, renouncing inheritance rights, or securing inheritance entitlements.

Unlike a will, an inheritance contract creates mutual rights and obligations between the parties. Therefore, it cannot be easily amended unilaterally and provides stronger legal protection and certainty.

During the preparation of inheritance contracts, ensuring that the distribution of assets reflects the true will of the deceased, resolving potential family disputes, and minimizing legal risks are of utmost importance. As Uzunpınar Tüfek Law Firm, we provide comprehensive legal assistance to our clients at every stage of this process.

 

Frequently Asked Questions (FAQ)

1.What are the formal requirements of an inheritance contract?

An inheritance contract must be executed in the form of an official will.
It must be prepared before a notary public or a civil court judge.
Two witnesses must be present.
The parties must have full legal capacity to act.

2.What conditions must witnesses meet when executing an inheritance contract?

Article 536 of the Turkish Civil Code sets out the qualifications required for witnesses.

Accordingly, the following persons may not participate as officials or witnesses:

• Persons lacking legal capacity

• Persons prohibited from public service by a criminal court decision

• Illiterate persons

• The spouse of the deceased

• Lineal ascendants and descendants

• Siblings and their spouses

Furthermore, no benefit may be granted under the will to the officials or witnesses participating in its execution, nor to their close relatives listed above.

3.What is the difference between an inheritance contract and a will?

A will is unilateral and may be revoked or amended at any time at the sole discretion of the testator.

An inheritance contract, however, is not solely dependent on the will of the deceased and is reciprocal in nature. For this reason, it is more binding than a will. It cannot be revoked unilaterally and provides greater legal security for heirs.

4.What are the types of inheritance contracts?

Inheritance contracts may be classified into three types:

1. Positive inheritance contract:
The deceased undertakes to leave a specific asset or inheritance share to a particular person. For example, a real estate property, business, or company share may be allocated to a designated beneficiary.

2. Renunciation of inheritance contract (negative inheritance contract):
A statutory heir partially or completely waives their inheritance rights. Such agreements are generally used to plan family asset distribution in advance or to prevent future inheritance disputes.
These contracts may be executed either with consideration (in return for compensation) or without consideration.

Under the Turkish Civil Code, unless otherwise agreed, a renunciation made with consideration also binds the heir’s descendants. In contrast, a renunciation without consideration does not bind descendants unless expressly stipulated.

3. Mixed inheritance contract:
These contracts include both testamentary dispositions by the deceased and renunciation declarations by heirs.

5.In which cases can an inheritance contract be annulled?

An inheritance contract may be annulled in the following cases:

• Lack of legal capacity

• Defects of consent (mistake, fraud, or duress)

• Non-compliance with formal requirements

• Violation of law or morality

• Infringement of the reserved shares of protected heirs