TMK Art.557 regulates the reasons on which dispositions related to death (will, inheritance contract) can be canceled.
Reasons for Cancellation
- The decedent's disposition when he does not have the capacity to dispose upon death
- Misperception of will (mistake, deceit, intimidation)
- The content, conditions and predicates are against the law or morality
- Lack of form of the disposition
Plaintiff
The heir or beneficiary who will benefit from the cancellation.
Right Limiting Period (TMK article 559)
- 1 year:From learning the reason for cancellation
- 10 years:From opening of savings (20 years for bona fide third parties)
Supreme Court 3rd HD and HGK
The Supreme Court of Appeals HGK adopts that, in cases of incapacity claims, the testator's medical condition at the time of disposition must be evaluated with an expert report and that a decision cannot be made without a physician's report.
Inheritance law lawyer support is recommended.