What Is an Annulment of Will Lawsuit? How to File It?
In this article, we aim to present basic information in a short and clear way about annulment of will lawsuits, which arise when a will made by the deceased is unlawful, fails to meet the validity requirements, or is otherwise defective for specific reasons. This lawsuit is regulated under Articles 557 and following of the Turkish Civil Code and ensures that the legal effects of the will are eliminated by establishing its invalidity. In this context, the article addresses the questions most frequently asked in practice, such as what an annulment of will lawsuit is, in which cases it can be filed, who can file it, which court has jurisdiction, and how the proceedings progress.
What is an annulment of will lawsuit?
An annulment of will lawsuit is an action filed to establish that a will made by the deceased is invalid because it does not meet the statutory validity requirements or is unlawful. Through this lawsuit:
- the legal validity of the will is set aside.
- rights and claims based on the will become ineffective.
- a legal basis is created for distribution of the estate under the rules of intestate succession.
This matter is based on Articles 557 and following of the Turkish Civil Code.
In which cases is an annulment of will lawsuit filed?
An annulment of will lawsuit is filed in the following situations:
- lack of capacity of the deceased (absence of discernment)
- the will being made as a result of mistake, deception, intimidation, or coercion
- the will being contrary to law or morality
- the will being made without complying with the formal requirements prescribed by law
These grounds are listed exhaustively under Article 557 of the Turkish Civil Code.
Who can file an annulment of will lawsuit?
This lawsuit may be filed by:
- legal heirs
- appointed heirs
- legatees
- persons who have an interest in the annulment of the will
Against whom is an annulment of will lawsuit filed?
An annulment of will lawsuit is filed against:
- persons who benefit from the will
- appointed heirs
- persons in whose favor a disposition was made
This is a contested civil action.
Which court is competent and has jurisdiction in an annulment of will lawsuit?
The competent court is the Civil Court of First Instance. The court with venue is the court of the deceased’s last place of residence (Turkish Civil Code Art. 576, Code of Civil Procedure Art. 11).
Is there a time limit to file an annulment of will lawsuit?
Specific periods are prescribed by law for an annulment of will lawsuit:
The lawsuit must be filed within 1 year from learning of the ground for annulment and of the will. In any event, the right to sue is lost 10 years after the will is opened. If the defendants are not in good faith, this period extends to 20 years. “Good faith” here is a legal term. Obtaining advice from a lawyer on this point is the safest course. An assertion that the will is void may be raised at any time without a time limit. The periods mentioned are forfeiture periods (Turkish Civil Code Art. 559).
What should be done before filing an annulment of will lawsuit?
The following points are important before filing the lawsuit:
- that the will has been opened and learned of
- that the ground for annulment is concretely identified
- that evidence is collected (witnesses, documents, etc.)
- that medical reports or official records, if any, are obtained
These preparations are of great importance for proving the case.
How does an annulment of will lawsuit proceed?
An annulment of will lawsuit generally proceeds through the following stages:
- The lawsuit is filed before the Civil Court of First Instance.
- The statement of claim is served on the parties.
- Evidence is collected.
- Witnesses are heard and an expert examination is conducted if necessary.
- The court decides to annul the will or to uphold its validity.
How long does an annulment of will lawsuit take?
Although the duration varies depending on the facts, in practice such cases are generally concluded within 1 to 3 years. Extensions often result from a large number of parties, complex evidence, or prolonged witness and expert processes.
FREQUENTLY ASKED QUESTIONS ABOUT ANNULMENT OF WILL LAWSUIT
The information on this page is prepared for general guidance purposes. Legal evaluations may vary depending on the facts of each case. It is important to obtain legal support so that an assessment specific to your concrete case regarding an annulment of will lawsuit can be made.