INHERITANCE WAIVER AGREEMENT

A Renunciation of Inheritance Agreementis a contract between the testator and a prospective future heir, aiming to completely or partially relinquish their expectation of future inheritance rights, with or without consideration. The agreement can be drawn up during the heir's lifetime due to reasons such as the acquisition of inheritance rights or the inheritance being burdened with debt. Both the testator and the heir must be present when a renunciation of inheritance agreement is made. It cannot be made unilaterally, and no representative or other party can be a party to the agreement other than the testator and the heir.

Complete or Partial Renunciation of Inheritance

The testator and the heir can enter into a contract of waiver of inheritance, either gratuitously or for consideration, within the scope of Article 528 of the Civil Code. According to Article 528 of the Civil Code;

In a complete renunciation, the heir who renounces their inheritance generally loses their status as an heir.

In partial renunciation, although the heir renounces their inheritance, their status as an heir generally continues; only their entitlement to the estate will decrease in proportion to the renunciation.

Conditional and Unconditional Clauses of the Waiver Agreement

Waiver agreements can be made for consideration (reciprocal/conditional) or without consideration (unconditional).

Conditional waiver, according to Article 565 of the Civil Code, is the pre-emptive acceptance by the heir of "transfers made for the purpose of settling inheritance rights before death." In other words, the heir preemptively receives the inheritance right that may arise in the future. There are details to consider for both parties waiving their rights here;

• An heir cannot object to the possibility that the inheritance share may be less in the future
• The testator cannot reclaim the consideration given if circumstances arise that prevent the heir from becoming an heir due to their renunciation.

Unconditional waiver iswhen an heir relinquishes their future legal inheritance rights without receiving any compensation. Thus, after the death of the testator, the heir cannot claim any rights.

Cancellation of Waiver Agreement

A waiver of inheritance agreement can be terminated by a written termination agreement made by mutual consent of both the heir and the testator while both are alive

Withdrawal of the Testator's Waiver Agreement

If an heir, after the conclusion of an inheritance agreement, engages in conduct that constitutes grounds for disinheritance, the testator may unilaterally revoke the agreement.

Waiver of Inheritance Agreement by the Heir

If an heir is faced with a request for reduction of their reserved share, instead of returning the consideration equivalent to their reserved share, they can unilaterally withdraw from the agreement by returning the entire amount and thus retain their right to inherit.

For more information on this matter, you can consult with our firm's experienced lawyers.