Validity Requirements and Grounds for Annulment of a Will
A will is a legal document that outlines the distribution of an individual's assets after their death. According to the Turkish Civil Code, specific conditions must be met for a will to be considered valid. Failure to comply with these conditions may result in the annulment of the will. This article examines the validity requirements and potential grounds for annulment of a will.
Validity Requirements of a Will
Testamentary Capacity: The testator must possess the mental capacity to make a will and be at least 15 years old. If these criteria are not met, the will is deemed invalid.
Compliance with Formal Requirements: The will must adhere to the formalities prescribed by law. Under the Turkish Civil Code, a will can be executed in three forms:
Official Will: Prepared in the presence of a notary or authorized official, with two witnesses present.
Holographic Will: Entirely handwritten, dated, and signed by the testator.
Oral Will: Made verbally in the presence of two witnesses under exceptional circumstances.
Legality and Morality of Content: The content of the will must not contravene legal provisions or moral standards. Otherwise, the will may be considered invalid.
Grounds for Annulment of a Will
Lack of Testamentary Capacity: If, at the time of making the will, the testator lacked the mental capacity or was under 15 years of age, the will can be annulled.
Defects in Consent: A will executed under mistake, fraud, duress, or undue influence can be subject to annulment.
Non-Compliance with Formal Requirements: Failure to adhere to the prescribed formalities in the execution of the will constitutes grounds for annulment.
Illegality or Immorality of Content: Provisions within the will that are illegal or immoral provide a basis for annulment.
Time Limits for Filing an Annulment Action
An action to annul a will must be filed within one year from the date the grounds for annulment were discovered and, in any case, within ten years from the opening of the will.
Conclusion
For a will to be valid, it must meet requirements concerning testamentary capacity, compliance with formalities, and the legality and morality of its content. Failure to satisfy these conditions may lead to the annulment of the will. Therefore, it is advisable to seek legal counsel when drafting a will to ensure its validity.