Appointment of an heir means that the testator entitles one or more persons as his/her inheritance over all or certain part of his inheritance. Appointment procedure can be conducted either in the form of a testament or inheritance agreement. Upon the appointment procedure, in principle, statutory heirs and appointed heirs will have the same legal status. The heirs universally and automatically acquire the heritage. Such acquisition is not valid through transferring the assets to the appointed heir in testator’s lifetime. Since, such transfer in the testator’s lifetime has its specific consequences. The procedure of appointment of an heir is one of the forms of disposition mortis causa and different from the testamentary disposition which shares the same category of the dispositions mortis causa. Their features are decisive in distinguishing them. In this regard, the principle of universal succession, liability over the debts, certificate of inheritance and the right to renounce one's inheritance rights are the features linked to the appointment of an heir.
Alan : Hukuk
Dergi Türü : Ulusal
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