In Turkish inheritance law, it is legally possible for a legal heir to waive their inheritance rights in advance through an official document known as a heir waiver agreement (Turkish: mirasçılıktan feragat sözleşmesi). This agreement can significantly change the distribution of the deceased's estate and is often used in family business planning, parental asset distribution, or complex inheritance structures involving multiple heirs.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers assist clients in drafting, executing, challenging, and defending heir waiver agreements across Turkey. This comprehensive guide explains how these agreements are formed, their legal implications, and the critical points every heir and testator should know before entering such a contract.
What Is a Heir Waiver Agreement?
An heir waiver agreement is a binding legal contract signed between a person (future testator) and one or more of their legal heirs, in which the heir agrees to give up their inheritance rights in part or in full. The legal basis for such contracts is found in Article 528 of the Turkish Civil Code.
Once validly executed, the heir cannot later claim inheritance from the deceased's estate unless the agreement is canceled, invalidated, or proven to have been signed under duress or fraud. These contracts are commonly used in cases where one child has already received substantial assets during the parent’s lifetime or where parents wish to prevent future conflicts among siblings.
Legal Requirements for Validity
To be legally enforceable, heir waiver agreements must meet the following criteria:
- They must be executed in writing in the form of a notarized official deed
- They must be signed by both the future testator and the heir
- The scope of the waiver (full or partial) must be explicitly stated
- They must comply with public order, morality, and general legal principles
Agreements made verbally, informally, or under pressure are not legally binding and can be annulled in court.
Partial vs. Full Waiver
An heir may waive all inheritance rights (full waiver) or only specific portions (partial waiver). Partial waivers are often used when the heir receives something in return (e.g., a property, company share, or cash gift) during the testator’s lifetime. The agreement must clearly reflect this arrangement to prevent future legal ambiguity.
Risks and Potential for Legal Challenges
Despite being legally valid, heir waiver agreements are frequently challenged in Turkish courts, particularly after the testator's death. Common reasons for litigation include:
- Claims that the signature was obtained by fraud or duress
- Arguments that the agreement is too vague or incomplete
- Disputes over whether compensation was provided in exchange for the waiver
- Allegations of mental incapacity or lack of understanding at the time of signing
Our Turkish Law Firm regularly defends clients in inheritance lawsuits involving contested waiver agreements. Courts examine the clarity of the agreement, its registration status, and whether both parties were fully informed of their rights.
Can a Heir Waiver Agreement Be Cancelled?
Yes, but only under strict legal conditions. Cancellation may occur if:
- The agreement was signed under coercion or deception
- The testator later agrees in writing to cancel the waiver
- A court declares the agreement invalid due to formal or substantive flaws
Heirs must act quickly. Under the Turkish Code of Obligations, actions for annulment based on fraud or duress must be filed within one year of learning the cause.
Real Case Examples
- 🇩🇪 A German-Turkish dual national waived his inheritance in favor of his brother. After the father’s death, he sued, alleging pressure. The court upheld the waiver due to notarized clarity and compensation clause.
- 🇬🇧 A British expat in Istanbul contested his Turkish spouse’s waiver of rights to a villa. The court annulled the document for lack of notarization.
- 🇫🇷 A French investor inherited shares in a Turkish company but was blocked by siblings citing a waiver. The court ruled in favor of the plaintiff as the waiver lacked proper compensation documentation.
Frequently Asked Questions (FAQs)
- Can an heir be forced to sign a waiver? No. Consent must be free and informed. Coercion makes the agreement voidable.
- Is a waiver revocable after the testator dies? Only in limited cases—generally not unless formal flaws are proven.
- Does waiver apply to forced heirship shares? Yes. A valid waiver overrides reserved portion (saklı pay) rights.
- Can foreigners sign heir waivers? Yes. Turkish inheritance law applies based on the location of immovable property and applicable law of citizenship for movables.
Contact Our Inheritance Lawyers in Turkey
If you are considering drafting or challenging a heir waiver agreement in Turkey, professional legal assistance is essential. At ER&GUN&ER Law Firm, our team of English Speaking Turkish Lawyers offers precise contract drafting, risk analysis, and courtroom representation in complex inheritance disputes. As a trusted Turkish Law Firm working with families, expats, and foreign investors, we provide secure legal frameworks for protecting your interests.