12.1 OBJECTION FORM TO THE WILL

TO THE 753RD CIVIL COURT OF PEACE OF ISTANBUL

FILE NO: …./….E.

PLAINTIFF: DD (ID Number:…….)

ADDRESS: Attorney Sabahat YILMAZ - UETS

REPRESENTATIVE:

SUBJECT: Submission of our objection regarding the will.

EXPLANATIONS

1)
THE WILL IN QUESTION VIOLATES

My client's deceased relative, MM, passed away on [date]. It has become necessary to object to the will sent to your court for enforcement. The will infringes upon the rights of my client, D.D., who is a rightful heir entitled to a reserved share.

2) IT IS DOUBTFUL WHETHER THE DECEASED
WAS OF SOUND MENTAL HEALTH AT THE TIME HE DRAFTED THE WILL.

The testator, MM, was 80 years old at the time the will was drawn up, and while a medical certificate is required to ensure the integrity of such a process, this requirement was disregarded.

"Instead of a private report, an official physician's report, or even a health board report if necessary, should be obtained on this matter." (From "
Will Law in Practice and Theory: All Aspects" by Esat ŞENER, page 204)

3) THERE ARE CONTRADICTIONS IN THE WILL.

Furthermore, in the will he prepared, the deceased MM used the phrase "whoever takes care of me" and declared that he left his will to his daughter who took care of him. However, the said designated heir did not take care of the deceased due to their residence. Considering that the deceased may have been under psychological coercion and pressure when expressing this will, and that the veracity of the statements made
in the will is questionable due to the fact that his mental faculties were not verified because of his age, and also considering the contradiction between the recorded situation and the actual situation, the will should be annulled.

LEGAL GROUNDS:
Articles 502, 504, 557 and related articles of the Turkish Civil Code, the Turkish Code of Obligations, Law No. 6100 on Civil Procedure, Law No. 4721 on Turkish Commercial Code, relevant Supreme Court precedents, and other relevant legislation.

EVIDENCE
• The will in question
• Medical Board Reports
• Forensic Medicine Institute Report
• Social Security Institution and Hospital Records
• Witness Statements
• Population Registration Certificate
• Notary Public Transaction File
• Expert Examination
• Oath, on-site inspection, and all other legal evidence

CONCLUSION AND REQUEST
For the reasons explained above,
we hereby submit our objection regarding the first will and
declare that we will file a lawsuit for the annulment and reduction of the will; therefore, I respectfully request and demand, on behalf of my client, that the CERTIFICATE OF INHERITANCE NOT BE ISSUED in accordance with the will.

Plaintiff's attorney:
Sabahat Yılmaz