Written document or verbal statement that determines the last wishes and desires of the legator and the principles of sharing his legacy is a testament. A testament is a disposition mortis causa.
As of the date of issuance of the will(testament), the issuer must have the power of discernment. Since it is a strictly personal right, it cannot be done by a legal representative or attorney. In addition, the testator must be at least 15 years old. The fulfillment of these conditions is necessary and sufficient to be able to legally draw up a will.
The testator does not have unlimited right of disposition on the inheritance. The right to make a will should not violate the “reserved shares of the heirs with reserved shares”. The inheritor can dispose in a way that does not touch these reserved shares.
In order for the will to be valid, the will of the inheritor must not be crippled for reasons such as mistake, deception, intimidation and coercion! If the testator’s will made with a crippled declaration of will and the will is not reversed within the 1-year period of disqualification, his heirs do not have the right to file an annulment lawsuit after his death. However, if the legator learns that he was wrong, deceived, or gets rid of the effect of intimidation or coercion, if he does not return from this disposition, the disposition become valid.
A will can be drawn up in three ways: formal, verbal or handwritten.
Unless the will is filed at the Civil Court of Peace in the last place of residence of the testator, no direct action can be taken based on the will. Regardless of whether the will is valid or not, it is filed within 1 month from the delivery and notified to the relevant parties. In its decision numbered 2014/19530, Basis, 2014/16709, the 3rd Civil Chamber of the Court of Cassation emphasized that it is not correct to open a will without duly summoning all heirs and interested parties.
You can contact us for information about making a will or the validity of a will drawn up for or against you.