Where the conditions prescribed by law are fulfilled, the deceased may disinherit a statutory heir entitled to a reserved portion. As a general rule, a person who has been disinherited may not assert any claim over the estate, nor may such person be held liable for the debts of the estate. Nevertheless, the institution of disinheritance does not give rise to a consequence that entirely severs the legal bond between the relevant person and the estate.
As has been explicitly emphasized in the settled case law of the Court of Cassation, disinheritance neither prevents the heir from requesting a certificate of inheritance nor automatically terminates the status of heirship. For this reason, it must be accepted that a person who has been disinherited retains legal capacity to be a party to actions instituted in relation to the estate. This is because the effects and consequences of disinheritance acquire legal significance only at the stage of distribution and liquidation of the estate. This study examines the effect of disinheritance on heirship status and party standing, as well as the liability of the disinherited person for the debts of the deceased.
Succession opens upon the death of the deceased, and all components of the deceased’s assets pass to the heirs as a whole. Upon the opening of succession, both statutory heirs and appointed heirs acquire the inheritance in accordance with the principle of universal succession. Until the distribution of the estate is completed, this legal unity formed by the heirs is referred to as the “community of heirs.”
During the existence of the community of heirs, the heirs hold the estate under the rules of joint ownership and are jointly and severally liable to third parties for the debts of the deceased. Upon the opening of succession, all statutory heirs are entitled to request a certificate of inheritance, and such certificate demonstrates, until proven otherwise, that the person concerned holds the status of heir.
The institution of disinheritance is regulated under Articles 510 to 513 of the Turkish Civil Code. Accordingly, where the reasons exhaustively enumerated in the law exist, the deceased may disinherit a statutory heir entitled to a reserved portion by way of a disposition mortis causa (through a will or an inheritance contract). In the decisions of the Court of Cassation, disinheritance is defined as follows: “Disinheritance is a disposition mortis causa granted to the testator, enabling the removal of a statutory heir entitled to a reserved portion from the inheritance in cases where the family solidarity forming the basis of the reserved portion has been impaired. By this disposition, the testator deprives the statutory heir entitled to a reserved portion of his or her inheritance right and reserved portion.”
Disinheritance appears in two different forms: punitive (ordinary) disinheritance and protective disinheritance. Punitive disinheritance arises where the heir commits a serious crime against the deceased or his or her relatives, or gravely violates statutory obligations toward the family through gross fault. Protective disinheritance, on the other hand, is applied in order to prevent the inheritance share of a descendant who lacks the capacity to pay his or her debts from passing to creditors; in such a case, the descendant may be disinherited only to the extent of half of the reserved portion.
Disinheritance may relate to the entirety of the reserved portion or may be partial. In the case of full disinheritance, the heir may not assert any right over the estate; in partial disinheritance, however, the status of heirship continues, and only a certain part of the reserved portion is lost.
Upon the death of the deceased, all statutory heirs acquire the status of heir. Disinheritance effected by a disposition mortis causa does not, by itself, terminate the heir’s relationship with the estate. This is because the legal consequences of such disposition are taken into account at the stage of liquidation and distribution of the estate. This matter has been clearly established by the case law of the Court of Cassation:
Court of Cassation, 7th Civil Chamber, File No. 2025/2084, Decision No. 2025/2857:
“The relationship of an heir with the estate cannot be deemed to have been entirely severed merely because the grounds for disinheritance or deprivation have arisen, or because the heir has rejected the inheritance or waived the inheritance. The occurrence of grounds for disinheritance or deprivation, or the rejection or waiver of the inheritance, neither constitutes an obstacle to the relevant person’s request for a certificate of inheritance nor eliminates the status of heirship.”[1]
Court of Cassation, 14th Civil Chamber, File No. 2016/2805, Decision No. 2018/7151:
“The relationship of an heir with the estate cannot be deemed to have been entirely severed merely because the grounds for disinheritance or deprivation have arisen, or because the heir has rejected the inheritance or waived the inheritance. The occurrence of grounds for disinheritance or deprivation, or the rejection or waiver of the inheritance, neither constitutes an obstacle to the relevant person’s request for a certificate of inheritance nor eliminates the status of heirship. Therefore, where grounds for disinheritance or deprivation have arisen with respect to one or more heirs, or where an heir has rejected or waived the inheritance, a certificate of inheritance must be issued by disregarding these circumstances and showing all heirs of the deceased and their inheritance shares; in the operative part of the judgment, it must be stated with respect to the relevant heir or heirs that the grounds for disinheritance or deprivation have arisen or that the inheritance has been rejected or waived, and it must be indicated that the legal consequences of these circumstances shall be taken into account during the distribution of the estate.”[2]
Court of Cassation, 14th Civil Chamber, File No. 2015/2664, Decision No. 2015/9693:
“The occurrence of grounds for disinheritance or deprivation, or the rejection or waiver of the inheritance, does not constitute an obstacle to the relevant person being shown as an heir in the certificate of inheritance or to being allocated a share from the inheritance. However, it must be stated in the operative part of the judgment that the legal consequences of these circumstances shall be taken into account during the distribution (liquidation) of the estate.”[3]
In line with these decisions, disinheritance does not eliminate the status of heirship but produces effects only at the liquidation stage. For this reason, until the distribution is completed, the legal bonds between the heirs and the estate continue to exist, and their formal status as heirs persists.
Creditors may bring actions against the heirs in order to collect the debts of the deceased. Since heirs are jointly and severally liable for the debts of the estate, such actions may be directed against all heirs, some of them, or only one heir.
Anyone who holds the status of heir has party standing in such actions. As explained above, since the status of heirship of a disinherited person does not cease until the stage of distribution, that person’s passive standing in actions relating to the estate likewise continues. Accordingly, the mere fact of disinheritance is not sufficient, by itself, for the acceptance of an objection based on lack of standing.
Moreover, it is not appropriate to treat actions such as those seeking annulment of the disposition mortis causa forming the basis of the disinheritance as a preliminary issue (prejudicial matter) under Article 165 of the Code of Civil Procedure with respect to actions for estate-related claims. This is because the status of heirship continues, and waiting for the resolution of internal disputes among heirs would contravene the principle of procedural economy.
Pursuant to Article 641 of the Turkish Civil Code, heirs are jointly and severally liable for the debts of the estate. Since a disinherited person retains the status of heir until the liquidation stage, such person is formally within the scope of this liability.
However, as a consequence of the legal effects of disinheritance, a person who has been disinherited may neither assert any claim against the estate nor be held ultimately liable for the debts of the deceased. For this reason, in actions concerning debts, the fact of disinheritance must be taken into account at the stage of enforcement and execution of the judgment.
According to the consistent case law of the Court of Cassation, disinheritance neither prevents the issuance of a certificate of inheritance nor automatically terminates the status of heirship. The effects and consequences of such disposition acquire legal value only at the stage of liquidation and distribution of the estate.
With the opening of succession, statutory heirship status is acquired; disinheritance, on the other hand, produces its effects at the stage of distribution. For this reason, a disinherited person continues to have standing as an heir in actions brought by third parties in relation to the estate. However, as a natural consequence of disinheritance, such person does not bear ultimate liability for the debts of the deceased. In conclusion, while a disinherited person retains the formal status of heir, he or she cannot be held liable for the debts of the deceased due to the effects arising from disinheritance.
[1] Court of Cassation, 7th Civil Chamber, File No. 2025/2084, Decision No. 2025/2857.
[2] Court of Cassation, 14th Civil Chamber, File No. 2016/2805, Decision No. 2018/7151.
[3] Court of Cassation, 14th Civil Chamber, File No. 2015/2664, Decision No. 2015/9693.