Petition To Reclaim A Gift From The Executor Of A Will
COURT OF FIRST INSTANCE
THE PLAINTIFF :
ATTORNEY :
DEFENDANT :
SUBJECT OF THE CASE : Request for the return of the gift from the testator (……. TL)
FACTS : 1- The plaintiff clients are the heirs of the deceased ………….. The defendant is the person appointed as the testamentary creditor by the will of the deceased.
2- According to the will of the deceased, the defendant was paid the testamentary receivable on time. However, later on, an unknown large debt of the heir emerged and was paid by the heirs, the plaintiffs. This payment constituted an encroachment on the reserved shares of the heirs and the testamentary creditor’s receivable had to be subjected to equalization.
For this reason, it has become necessary to file this lawsuit in order to offset the two thousand liras of the money paid to the testamentary creditor.
LEGAL GROUNDS :
EVIDENCE : Decree of inheritance, debt payment documents, witness statements and all kinds of evidence.
CONCLUSION AND REQUEST : According to the reasons and evidence presented above, I request that the lawsuit be accepted and the (……) TL portion of the will receivable made to the defendant be canceled and the costs and attorney fees be imposed on the defendant.
I would like to submit. Sincerely yours,
Counsel for the Plaintiff
Atty………………….
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