In our previous article, we talked about the necessary conditions for making a testament, how and in what ways a testament can be drawn up. In this article, we will talk about the legal way to be applied against the will.
Since the testament is a document that reflects the last wishes of the testator, in our law, the testament can be revoked in cases of incapacity, disability of will, violation of law and morality, and violation of form. In this case, the will is annulled from the moment it is made retroactively.
If a testament is made as a result of deception, intimidation or coercion, if the legator does not return from the testament within 1 year from the disappearance of this situation, this transaction will no longer be valid and heirs cannot file a lawsuit after death!
The plaintiffs of the action for the annulment of the testament to be filed are the heirs or the creditors of the testament who have an interest in the annulment of the will. The case is filed against those who have bequeathed in favor of it. This lawsuit will be filed in the Civil Court of First Instance in the last settlement of the legator.
For the action for the annulment of the will, the plaintiff; The lawsuit must be filing within 1 year, starting from the date on which he learns the reason for the cancellation, the disposition and that he is the rightful owner. In any case, this period can be filed against bona fide defendants within 10 years, and against bad-intentioned defendants within 20 years from the date of the opening of the will and the passing of the inheritance in other dispositions. The 1-year period of foreclosure does not begin until the will is duly opened and notified to the relevant parties. It should be noted here that this lawsuit cannot be filed as long as the testator is alive!
If it is decided to annul the testament, this decision will only be valid for those who request its annulment. For those who do not demand the annulment of the testament, the testament will continue to be valid!
As we mentioned before; The lawsuit to be filed for the elimination of the attack on the inheritance right of the heirs of the hidden share by exceeding the freedom of disposition of the inheritor, that is, to correct the savings made by the legator in case of an act of abduction from the inheritance, is the “case of Action Of Reduction”. The lawsuit for the Action of Reduction of the testament and the lawsuit for the annulment of the testament are different types of lawsuits in terms of subject!
You can always contact us for information about drawing a testament or the ways that can be applied against a testament.
