1. Definition of Inheritance Contracts:

An inheritance contract is a bilateral legal transaction in which:

• The testator commits to certain dispositions regarding their estate, such as bequeathing property or excluding an heir.
• The other party undertakes obligations or provides reciprocal benefits, such as caregiving or financial support.
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2. Types of Inheritance Contracts:

Inheritance contracts under Turkish law are categorized into two main types:

1. Positive Inheritance Contracts (TCC Article 527):

   • The testator promises to leave specific assets or rights to the other party upon death.
   • These contracts may include obligations for the other party, such as maintaining the testator or fulfilling certain conditions.

2. Waiver of Inheritance (TCC Article 528):

   • An heir waives their inheritance rights in exchange for compensation or as a gesture of goodwill.
   • This waiver must be explicitly stated in the contract and cannot be revoked unilaterally.
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3. Formal Requirements for Inheritance Contracts:

Inheritance contracts must meet the following conditions to be legally valid:

• Written Form: The contract must be documented in writing.
• Notarization: The contract must be signed in the presence of a notary public.
• Capacity to Act: Both parties must have full legal capacity.
• Witnesses: The presence of two witnesses is mandatory to ensure the contract’s validity.
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4. Revocation and Termination:

• Unilateral Revocation: The testator may revoke the contract if the other party fails to fulfill their obligations or breaches the terms of the agreement.
• Mutual Termination: Both parties may agree to cancel the contract at any time.
• Invalidation: If the contract is found to violate legal provisions or public order, it may be annulled by a court.
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5. Advantages of Inheritance Contracts:

1. Certainty and Legal Security:
   • Provides clarity about the distribution of assets and prevents disputes among heirs.
2. Flexibility:
   • Allows the testator to allocate their estate according to personal preferences, beyond statutory inheritance rules.
3. Reciprocal Benefits:
   • Ensures obligations, such as caregiving, are fulfilled in exchange for inheritance rights.
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6. Limitations of Inheritance Contracts:

1. Restriction on Freedom of Testation:
   • Contracts must respect the statutory reserved shares of heirs.
2. Binding Nature:
   • Once signed, the testator cannot unilaterally alter or revoke the contract without just cause.
3. Potential Challenges:
   • Heirs or third parties may challenge the contract on grounds of undue influence or legal incapacity.
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7. Court Practices and Common Scenarios:

Inheritance contracts are frequently used in situations involving:

• Care agreements where an individual agrees to care for the testator in exchange for inheritance rights.
• Business succession planning to ensure continuity and avoid disputes.
• Family settlements where potential conflicts among heirs are preemptively resolved.

Inheritance contracts are a powerful legal tool for estate planning, offering flexibility and certainty. However, due to their complex and binding nature, professional legal guidance is strongly recommended to draft, execute, and enforce these agreements effectively.