APPOINTMENT OF AN HEIR ACCORDING TO THE TURKISH CIVIL CODE

Appointment of an heir is a transaction initiated by the testator to make one or more legal entities rightholder in the capacity of global successor on the absolute amount or pro rota of the succession. The questions of whether testamentary disposition has the characteristics of appointment of an heir, and whether the testator appoints an heir or only a devisee can only be deciphered by an extensive interpretation of the testamentary disposition. As it is possible to appoint multiple heirs, it is also legal to stipulate this appointment. Substition and remaindermanship defined as substitued transactions can in fact be regarded under the stipulation of the testamentary disposition. The appointed heir has a right on the succession in the capacity of global successor in just the same way as the legal testator. From this aspect, the appointed heir is also responsible for the debts of the testator. In Turkish law, it is acknowledged that the appointed heir is personally responsible for the debts of the sucession not only with the wealth obtained from the sucession but also with the personal wealth. The appointed heir has also the right to refuse the sucession