The provisions regarding testamentary dispositions are regulated in the Turkish Civil Code.
The testator, within the limits of his freedom of disposition, can make save on all or part of his assets through a will or an agreement of inheritance. The part that the testator does not make save on is left to the statutory heirs.
The testator may appoint one or more persons as heirs for the whole or a certain proportion of his inheritance.
Testamentary Dispositions
Will
foundation
Agreement of inheritance
Appointment of the Reversionary heir
Appointment of a limited heir
Appointment of alternate heir
It can be carried out in the way of heir appointment.
The testator may impose conditions or obligations on his testamentary dispositions. In this case, he may request the fulfillment of all relevant conditions and obligations from the moment the disposition takes effect and results.
If an obligation against the law and morality is determined, they invalidate the disposition.
Conditions and obligations that do not make sense or only disturb others are ignored.
In Article 557 of the Turkish Civil Code, the reasons for the annulment of the will is limited.
These are as follows;
1-incapacity,
2-The testament was made as a result of error, deception, intimidation or coercion,
3-Conditions or obligations to which the content of the dispositions are bound is contrary to law or morality,
4-Dispositions that are made without complying with the forms stipulated in the law.
The will to establish a foundation is explained by formal deed or testamentary disposition. The foundation gains legal personality by registering in the registry held with the court of settlement.
The surviving spouse, who is understood to be in malicious intention during the marriage, cannot become a statutory heir, and loses the rights granted to him by the testamentary dispositions made before.
Divorced spouses cannot be statutory heirs of each other in this capacity. In addition, they lose the rights provided to them by the testamentary dispositions made before the divorce, unless otherwise understood from the dispositions.
Through the testamentary dispositions, the child's reserved portion may be excluded from the parents' management.
In order for the family house to continue after the death of the owner, a testamentary disposition must have been made regarding the transfer of the property to the heirs as a house.