Iskat (deprivation) is when the testator completely deprives his reserved heir of the inheritance for certain reasons. It is regulated in TMK art.510-513.
Reasons for Exclusion (TMK art.510)
- Commission of a serious crime against the testator or his/her relatives
- Significant failure to fulfill the obligations arising from family law
Form and Condition
- Will or must be stated in the inheritance contract
- The reason for the disclaimer must be clearly written
- Other formal conditions must be complied with for the validity of the will
Burden of Proof
The person claiming the validity of the disclaimer (usually other heirs) must prove that the reason for the disclaimer actually exists. does not receive any share. The title of inheritance ends.
Cancellation of Insult (TMK art. 512)
If the reason is not correct or has not occurred, the abdicated heir can file an annulment suit within 1 year.
Supreme Court 14. HD
14. HD accepts that iskat is an "exceptional institution", that it must be interpreted strictly, and that ordinary family tensions cannot be the reason for iskat.
Inheritance law lawyer is recommended.