A will is a unilateral death-related disposition made by a person to take effect after his death. Three types are regulated in TMK articles 531-559.
Types of Wills
1. Official Will (TMK art.532-537)
- Edited by: Magistrate, notary or legally authorized officer
- Witness: In the presence of 2 witnesses
- Figure: Written, signature of the testator
- The safest and most valid type of will
2. Handwritten Will (TMK article 538)
- Entirely in testator's handwriting
- Date (year/month/day) and signature must be included
- No witnesses required
- If it is changed later, it should also be done in handwriting
3. Oral Will (TMK art.539-541)
It is done in extraordinary situations (imminent danger of death, transportation interruption, illness, war). A will is made orally to 2 witnesses; Witnesses must immediately write it down and forward it to the court. If the normal situation returns within 1 month, the will becomes invalid.
Opening the Will (TMK art.596-597)
The will is deposited with the civil court of peace after death. The court calls the heirs and people who may be involved and opens and reads the will. The minutes are prepared.
Reasons for Cancellation (TMK article 557)
- Incompetence:The testator's lack of discernment
- Corruption of will: Error, fraud, disgust, threat (TMK article 504)
- Illegality:Lack of witnesses in the official will, lack of signature/date in the handwritten one, etc.
- Illegality or immorality: Actions that lead to crime and are contrary to public order
Annulment Case Period (TMK Article 559)
- 1 year: From the time the plaintiff learns the reason for cancellation
- 10 years: From the opening of the will (20 years between persons acting in good faith)
Supreme Court 3. HD and HGK Approach
The Supreme Court of Appeals HGK emphasizes that the burden of proof is on the person in favor of the will, that the testator "has the power to discriminate" when drawing up a will, and that the medical report (especially in cases such as Alzheimer's and dementia) is the decisive evidence.
3. HD accepts that even if the date is not complete in the handwritten will (only "March 2024" is written), the will can be considered valid if the real date can be proven with other evidence.
Jurisdictional and Competent Court
- Officer: Civil Court of First Instance (annulment case)
- Authority: Last place of residence of the testator
Willing processes require good planning; It is recommended that you manage your editing/cancellation process with inheritance law expert.