Petition for Opening a Handwritten Will
TO THE DUTY CIVIL COURT OF PEACE, IZMIR
PLAINTIFF: Name and Surname (Turkish Republic Identity Number: …) Address: … REPRESENTATIVE: Lawyer's Name and Surname Address: …
DEFENDANTS:
- Name and Surname Address: …
- Name and Surname Address: …
SUBJECT: Request for the opening, reading, and execution of the handwritten will prepared by the deceased….
EXPLANATIONS:
My client is the nephew of the deceased, ... The deceased passed away on .../.../... Before his death, he prepared a will in his own handwriting In this will, his house and half of his savings in the bank .
The will was written and signed in the presence of two witnesses. The witnesses confirm that the will was drawn up of the testator's free will.
According to Article 599 of the Turkish Civil Code, a handwritten will must be opened and enforced before a civil court.
Besides my client, the deceased had two other children. However, the deceased did not leave any share of the inheritance to his children in his will. This situation has caused a dispute among the heirs and has made the execution of the will difficult.
Therefore, your court must open, read, and execute the will. This will ensure the testator's last wishes are fulfilled and my client's rights are protected.
EVIDENCE:
- Handwritten will,
- Identity information and addresses of the witnesses to the will,
- Identity register copy,
- Death certificate,
- Land registry records,
- Bank statements and other legal loopholes.
LEGAL GROUNDS: Article 599 of the Turkish Civil Code and related legislation.
CONCLUSION AND REQUEST:
For the reasons explained above:
- The handwritten will drawn up by the testator … shall be opened and read before your court
- To determine the validity and execution of the will,
- The assets specified in the will shall be delivered to my client
- On behalf of my client, I respectfully request and demand that the court order the defendants to bear the court costs and attorney's fees.
History: …/…/…
Plaintiff's Attorney's Name and Surname Signature