Who Can Bring an Action to Annul a Will, Where and When?

Wills and Inheritance Agreements

Prepared by: Constantinople

An heir or legatee with an interest in annulment may sue subject to statutory conditions. Not every relative or person dissatisfied with the will has the same standing. The defendant and whether the whole will or a particular benefit is challenged must be identified separately.

The one-year period in Article 559 of the Turkish Civil Code is linked to learning of the disposition, ground for annulment and entitlement. Ultimate periods of ten years against good-faith defendants and twenty years against defendants lacking good faith run from opening a will or, for other testamentary dispositions, transfer of the inheritance. These are forfeiture periods; assuming all begin on death is incorrect.

An objection lodged in opening proceedings should not be thought to replace the necessary annulment action. Opening records, attendance, service documents and records of learning of the annulment ground are examined together. The provision allowing invalidity as a defence does not mean an out-of-time action can always be brought again.

Annulment proceedings are generally heard by the civil court of first instance; territorial jurisdiction based on the last domicile and any foreign element are assessed separately. The civil court of peace handling opening must not be confused with the court having subject-matter jurisdiction over annulment. We check dates and service chronology as well as contents. If a deadline is near, state it without waiting for all documents.