As a result of the death of the heir, the inheritance is deemed to have passed to the legal and appointed heirs in accordance with the principle of universal succession. The heirs are held personally liable for the debts of the heir in an unlimited manner by virtue of having acquired the title of heirship in accordance with our legal system. In order to prevent the unfavorable consequences of this issue, the rejection of inheritance is regulated between Articles 605 and 618 of the TCC.
Article 605 of the TCC regulates the refusal of inheritance; and as understood as a result of this provision; unless it is proved that they learned that they were heirs later, the legal heirs may make an unconditional and unconditional declaration of refusal with an oral or written open declaration that gives rise to a defeating innovation, which must reach the civil court of peace in the place of residence of the heir, within a 3-month grace period from the date they learned of the death of the heir; and the heirs appointed by will, within a 3-month grace period from the date of the official notification of the disposition of the heir.
It is clear that if the heirs do not reject the inheritance within the three-month prescriptive period, personal liability for the debts of the heir may arise. As a matter of fact, in this case, paragraph 605/2 of the TCC is important. The relevant article states that “If at the time of the death of the heir, his/her inability to pay is clearly evident or officially determined; the inheritance is deemed to have been rejected as a legal presumption.”
It is necessary to discuss what can be done in accordance with Article 605/2 of the TCC. In this case, an explicit declaration of rejection is not required for the rejection of the inheritance. The inheritance is deemed to be rejected automatically. The person who is deemed to have forcibly rejected the inheritance may request the determination of this situation by filing a claim against the creditors of the inheritance, or he/she may also assert this by way of defense.
In order for the heir to be deemed to have forfeited the inheritance;
- The debts of the heir at the date of his/her death must be more than his/her assets.
- Insolvency must be determined or clearly evident.
- There should be no behavior that shows that the inheritance has been accepted.
The person who is deemed to have forcibly rejected the inheritance can always be filed at any time, regardless of the time limit for filing a lawsuit for the determination of this situation by directing hostility against the inheritance creditors.
