Rejected inheritance

One ​​of the most important rights provided to individuals with the acceptance of private property is undoubtedly the right to inheritance. A constitutional provision has been introduced to protect this fundamental right. According to Article 35 of the Constitution of the Republic of Turkey; "Everyone has property and inheritance rights. These rights can only be limited by law for the purpose of public interest. The use of property rights cannot be contrary to the public interest."

As can be understood from the above constitutional article, the right to inheritance is constitutionally guaranteed and the continuity of private property is ensured. The right of inheritance has two aspects, and the most important aspect in terms of inheritance, which is the subject of our examination, is to provide the heirs with the opportunity to acquire the inheritance.

According to Article 599 of the Turkish Civil Code; The heirs acquire the inheritance as a whole upon the death of the testator, in accordance with the law. Inheritance consists of the rights and obligations of the testator. Therefore, in some cases, the automatic transfer of the inheritance to the heirs may only burden them with debt. With the passing of the inheritance, the heirs become responsible for the debts with their own assets.

In the face of this imposition, the heirs are given the opportunity to reject the inheritance and are given the opportunity to prevent situations that will put them in a difficult situation. Rejected inheritance can be used not only for the purpose of getting rid of debts, but also for family reasons. Voluntary rejection can also be made for reasons such as avoiding equalization. Denial of inheritance is regulated in Article 605 of the Turkish Civil Code. Accordingly; legal and appointed heirs can reject the inheritance. Rejection of inheritance is a right depending on the title of heir. As can be understood from the word rejection, this right appears to be a right that creates disruptive innovation. The exercise of the right is possible with a unilateral declaration of will. As we mentioned above, it constitutes the sum of inheritance receivables and debts and passes to the heirs in the form of ashes. Rejected inheritance refers to the complete rejection of the inheritance of the deceased by the legal or appointed heirs upon the death of the testator. The rejection here is voluntary. However, in some cases, the rejection of the inheritance is considered to have occurred based on a legal presumption. In this case, the inheritance is rejected by default. Although in the repealed Civil Code No. 743, the rejection of inheritance was differentiated as genuine rejection and constructive rejection, such a distinction is not made in the TMK. The explanations we will make below are about the real, that is, voluntary rejection of the inheritance. Explanations have been made under the heading regarding the denial of inheritance by default.

WHO CAN REJECT AN INHERITANCE?

In order to use the right of refusal, it is first necessary to have the right to inherit. Here, the right to disclaim inheritance is granted to both legal and appointed heirs. An heir appointed by will may also request a rejected inheritance without any discrimination. Meanwhile, the state also has the right to reject the inheritance.

Situations that are special in terms of the subject come to the agenda in terms of driver's license. People with full legal capacity can reject the inheritance on their own.

For persons who are fully incapacitated, this right is exercised by the parent or guardian. The guardian of the person under custody may exercise his right of refusal without obtaining any permission. However, if there is a guardianship situation, the necessary permissions must be obtained. A Supreme Court decision on the subject is shared below:

"In order for the guardian of the person under guardianship to reject the inheritance on behalf of the person under guardianship, the approval of the supervisory authority is required after the permission of the guardianship authority. The power of attorney given by the plaintiff, the heir of the deceased, to the attorney includes the provision of a power of attorney containing special authority for the rejection of the inheritance by default, the determination of whether there is a lawsuit regarding the rejection of the inheritance by default filed by the person who is the heir of the deceased, by asking the relevant parties, and the guardian of the plaintiffs to follow up the case. "Since the document proving that the permission based on the decision of the Civil Court of Peace was approved by the guardianship authority cannot be found in the file, the file must be returned to its location in order to correct the deficiencies." Y14 HD. 2017/9320 K.

Since the right to reject an inheritance is not one of the rights strictly bound to the individual, the rights of those under guardianship in the case of individuals with limited capacity can be exercised by the guardian, in case of those under guardianship. The person under custody can also exercise this right personally. However, under guardianship, this right can only be exercised after obtaining the necessary permissions from the guardian.

In cases where the inheritance is requested to be rejected on behalf of both the child and the child under his or her custody, if there is a conflict of legal interest, trustees are appointed for the children. A decision on the matter follows:

"According to Article 426/2 of the Turkish Civil Code No. 4721, if the interest of the legal representative and the interest of the minor or the limited person conflict in a matter, the guardianship authority must appoint a representative trustee upon the request of the person concerned or ex officio. In the actual rejection of the inheritance (TMK. art. 605/1), the court determines the legal interest of the mother and the legal interest of the children. "Therefore, the court's decision regarding the children under custody was not correct and the decision had to be reversed in order to take action in the direction explained." Y2HD. K. 2013/5514

HOW TO REJECT THE INHERITANCE?

We have stated above that the right of denial of inheritance is a right that is used unilaterally and creates disruptive innovation. For this reason, qualified heirs who have the title of heir can exercise their rights through their legal representatives, those who are incompetent and those with limited capacity. A rejected inheritance application can also be made through a proxy. However, there must be special authority in the power of attorney. If there is no special authority, time should be given to correct this deficiency. A Supreme Court decision on the subject is as follows:

"Since there is no special authority to reject the inheritance in the power of attorney given by the plaintiffs to the specified lawyer, the plaintiffs' attorney should be given time to present a power of attorney containing the special authority, and this deficiency should be completed and a decision should be made according to the result. It is not deemed right to make a decision with an incomplete examination." Y14HD. 2021/735 K.

Competent and Competent Court

The application for rejection of the inheritance is made to the civil courts of peace. The competent court of peace is the court where the inheritance was opened, that is, the last place of residence of the testator.

Shape

According to Article 609 of the Turkish Civil Code:

Rejection of the inheritance is made by the heirs through a verbal or written statement to the court of peace.

The rejection must be unconditional.

The magistrate determines the verbal or written rejection statement with a report.

The declaration of rejection made within the prescribed period is recorded in the special registry of the court of peace of the place where the inheritance is opened, and if the rejecting heir wishes, a document showing the rejection is given to him.

How the minutes and logs will be kept is regulated by the regulation issued by the President.

As stated in the article of the law, the rejection of the inheritance must be made unconditionally and unconditionally. A rejection of inheritance cannot be requested based on any condition. An exception should be mentioned here. The exception included in Article 614 of the TMK is regulated as follows:

"When the heirs reject the inheritance, they may request that the heirs coming after them be asked whether they will accept the inheritance or not, before the liquidation.

In this case, the rejection is notified to the heirs who come later by the judge of peace; If they do not accept the inheritance within one month, they are considered to have rejected it.

Thereupon, the inheritance is liquidated in accordance with the bankruptcy provisions and the remaining values at the end of the liquidation are given to the first heirs."

REJECTED INHERITANCE PERIOD

According to Article 606 of the TMK:

"Inheritance can be rejected within three months.

This period is the period in which legal heirs learn about the death of the deceased, unless it is proven that they later learned that they were heirs; For heirs appointed by will, it begins to operate from the date on which the testator's disposition is officially notified to them."

It is not possible to request the rejection of the inheritance while the testator is alive.

Time in Case of Keeping the Official Book of the Estate (Exception)

Although, as a rule, the rejection period is 3 months, TMK art. 619 ff. This period varies if the official bookkeeping (writing) of the estate has been carried out in accordance with the provisions. TMK m. According to 626; After the bookkeeping process is completed, the judge of peace invites the heirs to examine the book and gives them at least one month's time. In this case, the declaration of rejection of the inheritance must be made within this 1-month period given by the judge.

For Legal Heirs

As a rule, for legal heirs, the period begins with the death of the deceased.

"Legal heirs must reject the inheritance within three months from the date of death of the deceased. This period is a limitation period and must be taken into consideration by the court ex officio.

Since the plaintiff sent his statement regarding the rejection of the inheritance to the Küçükçekmece Civil Court of Peace, where the case was filed, through the Istanbul Civil Court of Peace on duty, within the three-month limitation period after the death of the deceased, the court must make a decision on the merits of the matter upon the declaration of rejection of the inheritance made within the time limit. It is not correct to reject the case on the grounds that the limitation period has passed." Y14HD. 2017/143 K.

If the legal heirs are not aware of the death of the heir, they can request the rejection of inheritance by presenting evidence regarding the dates of learning. The following Supreme Court decision is in this direction:

"The case is about the actual rejection of the inheritance based on Article 605/1 of the Turkish Civil Code. The inheritance can be rejected within three months. This period starts for legal heirs from the date they learned about the death of the testator, unless it is proven that they learned that they were heirs later. (TMK.md.606).

In the concrete case, although the legal heirs did not request actual rejection of the inheritance within the legal three months following the death of the testator, in their appeal petitions; They stated that they had not met with the deceased for 6-7 years, that they learned about his death from his relatives and that they applied to obtain a certificate of inheritance on 03.09.2013, and that they opened the case before the 3-month legal period expired from this date. While the court should give the plaintiffs the opportunity and time to present their evidence about the situation of learning about the death of the testator later and make a decision in accordance with the outcome of the testator's death, it is not right to make a decision in writing with incomplete examination.

Term for Appointed Heirs

TMK's 606/2. According to the article:

"For legal heirs, this period starts from the date on which they learn of the death of the testator, unless it is proven that they later learned that they are heirs; for heirs appointed by will, from the date on which they are officially notified of the disposition of the testator."

Here too, the period is 3 months. However, the period starts to run from the date of official notification to the appointed heirs. Because, according to Article 597 of the Turkish Civil Code:

"A certified copy of the relevant parts of the will is notified to each of those entitled to the inheritance by the judge, at the expense of the estate.

Those whose whereabouts are unknown will be notified by announcement of the parts of the will that relate to them."

Extension of Rejection Period

In case there are important reasons, the judge of peace may extend the rejection period granted to legal and appointed heirs or grant a new period. TMK article 615

REDUCTION OF THE RIGHT TO REJECT THE INHERITANCE

First of all, as we explained above, the right to reject the inheritance will end with the expiration of the limitation period. In addition, the right to reject the inheritance may end with explicit or implicit acceptance before the expiration of the period.

Explicit acceptance occurs with a clear declaration of will. Implicit acceptance is 610/2 of the TMK. It is regulated in the article. Accordingly; The heir who, as an heir, interferes with the estate transactions before the end of the rejection period, does things that are not in the nature of the ordinary management of the estate, or does things other than what is necessary for the execution of the decedent's affairs, or hides the estate assets or appropriates them for himself, cannot reject the inheritance.

Some sample Supreme Court decisions are as follows:

"In the concrete case; according to the population registry received through UYAP, it is seen that Kök Muris, the father of the deceased on 27.01.2011, died on 11.02.1990. According to the TAKBİS report received through UYAP, the immovable properties belong to the Kök Muris, and as the heirs of the Kök Muris, the plaintiffs signed an official deed dated 15.05.2014. "It has been determined that they transferred their shares in the said real estate to their names and sold their shares with the official deed dated 20.05.2014. Since it was understood that the plaintiffs took ownership of the estate with the said transaction, it was not deemed appropriate to accept the case, although it should have been rejected in accordance with Article 610/2 of the Turkish Civil Code, and the verdict had to be reversed for this reason." Y7HD. 2022/3769 K.

"Although the estate is in debt, the heir who interferes with the estate transactions, hides the estate assets or appropriates them for himself, as explained in Article 610/2 of the Turkish Civil Code, cannot reject the inheritance. The court decided that 89,000.00 TL, which is the part for which the confiscation order was lifted, from the 204,971.00 TL in the account of the defendants' deceased, was taken by the heirs who rejected the inheritance. "While it should have been decided to annul the rejection of the inheritance by accepting the case, assuming that the estate was adopted since the property was acquired, it was not deemed right to reject the case, and it was necessary to decide to overturn the decision for these reasons." Y14 HD. 2021/613 K.

"Yapılan araştırmalar sonucu terekenin aktifinin pasifini karşılayamadığı tespit edilse dahi 4721 sayılı Türk Medeni Kanununun 610/2. maddesine göre terekeyi sahiplenen mirasçıların mirası reddetme hakkı bulunmadığından davacı mirasçıların mirası kabul anlamına gelen davranışlarda bulunup bulunmadıkları da araştırılmalıdır. Terekenin ve davacının durumu net olarak tespit edildikten sonra sonucuna göre bir karar verilmelidir. Buna göre Ziraat Bankası'na ait "According to the account transactions attached to the reply letter, it was stated that there was a credit record of 17,058.94 TL in the account as of 29.03.2013, the account was closed as a result of his death, and money was withdrawn from the ATM on 27.03.2013. However, the person who made these transactions and their fate have not been determined." Y14HD. 2020/8249 K.

The fact that the heir has paid a debt belonging to the estate means implicit acceptance. However, the fact that the payment is made under duress does not terminate the right of refusal. A Supreme Court decision on the subject is as follows:

"The fact that the heir has paid a debt belonging to the deceased under the pressure of foreclosure against himself cannot be considered as interference in the estate transactions specified in Article 610/2 of the Turkish Civil Code No. 4721.

In the incident, the decision of the first instance court should be annulled and the decision of the Regional Court of Justice should be reversed, since the decision of the first instance court was erroneous, on the grounds that the plaintiff paid the payments in question under the threat and pressure of foreclosure against him, that the plaintiff made transactions that amounted to ownership of the estate, without considering that the payment made could not be described as interference in the estate transactions, and that it could not be claimed that the estate was in debt from now on. Y7HD. 2021/1135 K.

Again, if the heir has some behavior that means this, without having the will to accept the estate, it should be investigated whether the will will be considered as ownership of the estate. It is a generally accepted view that in cases where the amount benefited by the heir from the estate can be considered insignificant, the heir does not show the will to accept the estate. The Constitutional Court's evaluations on the subject are as follows:

"In the concrete case, the Court decided to reject the case on the grounds that the applicants benefited from the estate of the deceased as a result of receiving the 566.95 TL housing assistance payment from the deceased. The Regional Court of Justice decided to reject the appeal application with similar reasons. In its decision dated 4/10/2021, the Chamber stated that the 566.95 TL housing assistance payment in the deceased's account was made by the applicants. Accepting that withdrawal means ownership of the estate, the Regional Court of Justice approved its decision.

(Closed) Supreme Court of Appeals 14th Civil Chamber stated in its decision dated 4/11/2020 (see § 15), given before the decision subject to the individual application, that it should be noted that if the 936.30 TL in the bank account and for which the inheritance and transfer declaration is submitted by the heirs does not include a significant amount compared to the entire assets of the estate, it should not be considered as the adoption of the estate. stated.

(Closed) Supreme Court of Appeals 14th Civil Chamber stated in its decision on 14/6/2021 (see § 16) before the decision subject to the individual application that the use of 1,705.05 TL by the heirs, which does not represent a significant value compared to the existence of the estate, will not mean the adoption of the estate.

Daire, bireysel başvuruya konu kararından iki hafta önce 20/9/2021 tarihli aynı konuya ilişkin verdiği kararda ise (bkz. § 17) davacı mirasçılar tarafından murisin ölümünden sonra bankadan çekilen 918,53 TL'nin terekenin mevcudu da dikkate alınarak mühim bir miktarı gösterip göstermediği belirlenmek suretiyle bir karar verilmesi gerektiğini belirtmiştir.

Therefore, the Department stated that in disputes regarding the default rejection of the inheritance, when the heirs benefit from the assets of the estate, if the amount benefited does not represent a significant value, this does not mean accepting the estate. Apartment; In order to determine whether the amounts used had a significant value, he compared the amounts used with items such as estate assets and estate debt, according to the characteristics of the concrete case. In the case subject to the application, the Department did not make these comparisons and reached a different conclusion in the decision subject to the individual application. While the Chamber decided differently from its previous jurisprudence, it did not make any explanation as to why it departed from these jurisprudence; He did not give any reason for this. After this decision, he decided in the case of rejection of the inheritance by default, in line with his previous jurisprudence (see § 18). In this context, it has been understood that the difference in case law arises from the Chamber decisions.

On the other hand, the General Assembly of the Supreme Court of Appeals (see § 14) stated that in cases where the heirs pay the estate debt from their own assets, this transaction does not mean accepting the estate if the amount paid is small." 2021/63017 B.No.

WITHDRAWAL OF INHERITANCE

This declaration of the creditor who requests the rejection of the inheritance has effect and effect from the date it reaches the civil court of peace. From now on, the right of refusal cannot be withdrawn. However, it has been regulated that the declaration of rejection of the inheritance can be withdrawn in two exceptional cases. The will to reject the inheritance can only be withdrawn in the following two cases:

Consent of all concerned,

EIC. m. While being liquidated according to Article 180, if any of the heirs who rejected the inheritance retracts the previous declaration of rejection and provides sufficient collateral for the debts, the magistrate stops the liquidation and delivers the estate to the heirs who accepted the inheritance.

Apart from these two exceptions, it should be noted that, in accordance with the general provisions of the Turkish Code of Obligations, the rejection of the inheritance can be canceled in the presence of willpower, that is, mistakes, fraud, intimidation, etc.

WHAT IS JUDICIAL REJECTION OF INHERITANCE?

TMK's 605/2. In this article, the right to reject the inheritance is granted based on legal presumption. Accordingly; If the testator's inability to pay is clearly evident or officially determined on the date of death, the inheritance is deemed to have been rejected.

TMK's 605/2. The request for rejection of the inheritance based on the article is not subject to a time limit and it does not matter whether the heirs are in good faith or bad faith. Murisin ödemeden aczi ölüm tarihine göre belirlenir. As of the date of death, all assets of the deceased constitute the assets of the estate, and all debts constitute the liabilities of the estate. The fact that the estate's liabilities exceed its assets indicates that the estate is incapable of paying and therefore the estate is in debt.

It should be noted that the heirs are not obliged to file a lawsuit in this case, enforcement proceedings, etc. In such cases, they may raise this issue as an objection/defence. However, there is no obstacle for them to file a lawsuit to resolve legal uncertainty. The most confusing issue in practice is the competent court. While the voluntary (actual) rejection declaration is made to the Civil Court of Peace, TMK art. The court in charge of the case of rejection of the inheritance (determination that the estate is in debt) to be filed in accordance with Article 605/2 is the Civil Court of First Instance.

In cases filed regarding the denial of inheritance, it is necessary to investigate whether the estate is clearly in debt. If a certificate of insolvency is issued at the end of the enforcement proceedings, the estate is considered to be in debt. Otherwise, it is duly checked by banks, traffic registration directorate, tax offices, municipalities and land registry offices, etc., to determine whether the estate is insolvent or whether the deceased has assets. Institutions and organizations must be asked, the deceased's receivables and debts must be investigated by the police, and his assets and liabilities must be determined as of the date of death, taking into account his active assets and the amount of debt subject to follow-up, in a way that does not cause any hesitation.

MİRASIN REDDİNİN SONUÇLARI

Rejection by one of the heirs

If one of the legal heirs rejects the inheritance, his share passes to the rightful owners as if he were not alive when the inheritance is opened.

The share of the appointed heir who rejects the inheritance is left to the closest legal heirs of the testator, unless it is understood that the testator's wish is different from the death-related disposition. TMK 611

Rejection by all of the nearest heirs

The inheritance rejected by all of the closest legal heirs is liquidated by the court of peace in accordance with the bankruptcy provisions.

The remaining values at the end of the liquidation are given to the beneficiaries as if they had not rejected the inheritance. TMK 612

The inheritance rejected by all of the closest heirs does not pass on to the heirs in the next degree. In other words, the inheritance rejected by all of the closest heirs does not pass on to the relatives in the next group. Inheritance does not pass to people who are not the closest heirs of the testator.

Then, if it is understood that the closest legal heirs have rejected the inheritance, the civil judge of peace should automatically resort to official liquidation. In other words, if it is determined that the closest heirs have rejected the inheritance, the inheritance is liquidated by the civil judge of peace in accordance with the bankruptcy provisions without the need for any application.

In addition, the inheritance rejected by all of the closest legal heirs cannot be transferred to the heirs without being liquidated by the civil court of peace in accordance with the bankruptcy provisions. If there is any remaining value after the inheritance, which has been rejected by all of the closest legal heirs, is liquidated by the civil court of peace in accordance with the bankruptcy provisions, this part will be given to the rightful owners as if they had not rejected the inheritance, so the inheritance will not pass on to the next-level heirs or the treasury. When the remaining values ​​as a result of the liquidation carried out by the civil court of peace in accordance with the bankruptcy provisions are transferred to the rightful heirs who have rejected the inheritance, those who have receivables from the testator can file a lawsuit against the heirs for their receivables.

Inheritance passes to the surviving spouse

If all descendants reject the inheritance, their share passes to the surviving spouse. TMK 613

"As for the concrete incident; Muris E. Y. D. passed away on 27/05/2017, as a result of examination of the population records and documents in the file, his wife S. and the deceased's son A. B. D. from his ex-wife Gülsen remained as heirs, and although there is no inheritance certificate in the file, no other descendant heirs appear as a result of the examination of the population records, According to Article 613 of the Civil Code, it is regulated that if the entire descendant rejects the inheritance, the inheritance will pass to the surviving spouse, and since it is understood that the only descendant of the deceased, A.B., also rejected the inheritance with the decision of the Istanbul-Anatolia 11th S.H.M. numbered 2017/560-613 E.K., the inheritance will pass to the deceased's wife, S., without passing to the grandchild, and the Supreme Court jurisprudence is in this direction; Adana BAM 1.HD 2018/243 K.

Rejection for the benefit of subsequent heirs

When heirs reject the inheritance, they may request that the heirs coming after them be asked whether they will accept the inheritance or not, before the liquidation.

In this case, the rejection is notified to the heirs who come later by the judge of peace; If they do not accept the inheritance within one month, they are considered to have rejected it.

Thereupon, the inheritance is liquidated in accordance with the bankruptcy provisions and the remaining values at the end of the liquidation are given to the first heirs.

"According to the 612th and subsequent articles of the Turkish Civil Code, the inheritance rejected by all of the closest legal heirs is liquidated by the court of peace in accordance with the bankruptcy provisions. While rejecting the inheritance, the heirs may request that the heirs coming after them be asked whether they will accept the inheritance or not before the liquidation. In this case, the rejection will be notified to the heirs who come after them by the Magistrate, and they will inherit the inheritance within one month. If they do not accept it, they are deemed to have rejected it. Thereupon, the inheritance is liquidated again in accordance with the bankruptcy provisions and the remaining values ​​at the end of the liquidation are given to the first heirs. Unless the rejection of the closest legal heirs is for the benefit of the heirs coming after them and they expressly accept the inheritance within the framework of the procedure specified in Article 614 of the Law, the inheritance cannot be held responsible for the debts of the testator. Y10 HD. 2021/2594 K.

Rejection of the Will by the Will's Creditor

If the testator rejects the will, the testator will benefit from this rejection, unless it is understood from the disposition that the testator's wish is otherwise. TMK m. 616

Just like in the rejection of inheritance, the creditor of the will has the opportunity to reject his personal right to claim. This situation is regulated by Article 616 of the Turkish Civil Code.

PROTECTION OF THE CREDITORS OF THE HEIR WHO REJECTS THE INHERITANCE

According to Article 617 of the TMK:

"If the heir, whose assets are not sufficient to pay his debts, rejects the inheritance in order to harm his creditors; his creditors or the bankruptcy administration may file a lawsuit for the annulment of the rejection within six months starting from the date of rejection, unless they are given sufficient assurance.

If it is decided to cancel the rejection, the inheritance will be officially liquidated.

If anything falls to the share of the rejecting heir from the inheritance liquidated in this way, the receivables of the objecting creditors will be paid first, and then the receivables of the other creditors. The remaining values are given to the heirs who would have benefited from it had the rejection been valid."

Here, in practice, it is seen that debtor heirs resort to such a method in cases where they aim to evade property from creditors. In order to prevent this bad faith, the legislator has foreseen that a lawsuit can be filed for the annulment of the rejection of the inheritance. Explanations on this subject are given below under a separate heading.

CASE FOR CANCELLATION OF REJECTION OF INHERITANCE

An annulment lawsuit may be filed if the heir who has rejected the inheritance in due time and whose assets are not sufficient to pay his debts has the intention of harming the creditors.

The heir can prevent the lawsuit by providing collateral. However, if it is not provided as collateral, all conditions necessary for the lawsuit are deemed to have been met.

The period for filing a lawsuit is 6 months. This period starts from the date the inheritance is rejected. The 6-month period is a disqualifying period. It will not be possible to file a lawsuit after this period has passed.

Annulment case is the civil court of first instance, the last place of residence of the testator.

PROTECTION OF THE LEGACY'S CREDITORS

With the rejection of the inheritance, it is possible for the testator's creditors to suffer losses. Finally, when the inheritance passes to the heirs as ashes upon the death of the deceased, if no rejection is requested, the heirs will be responsible for the debts of the deceased. However, in cases where the inheritance is rejected for this reason alone, creditors must also be provided with protection. This protection is regulated in Article 618 of the Turkish Civil Code. According to the relevant article:

Heirs who reject the inheritance of an incapacitated heir are liable to his creditors to the extent of the value they received from him in the five years before his death and to the extent of the value they will be obliged to return in the sharing of the inheritance.

Ordinary education and training expenses and dowry given as a custom are excluded from this responsibility.

Good faith heirs are only responsible to the extent of their enrichment at the time of restitution.

Here, the creditors of the deceased are against the heirs who reject the inheritance, Art. They can file a claim/liability lawsuit in accordance with Article 618. It should be emphasized that this case is not a case of 'cancellation of denial of inheritance'; The rejection of the inheritance remains valid, but the heirs are held personally responsible in proportion to the earnings they receive. This case, TMK art. It is not subject to a 6-month limitation period like the annulment case in Article 617; It can be opened within the general statute of limitations.