Annulment of disposition mortis causa

The subject of our thesis is annulment of disposition mortis causa made by legator. This work aims to ensure the integrity of the subject by evaluating both the special provisions on the annulment of disposition mortis causa in the Turkish Civil Code and the general provisions of the Turkish Code of Obligations. The first part of the thesis looks into the annulment of disposition mortis causa that the legator wanted to have effect after his/her death and the concept of disposition mortis causa in general terms. In addition, in this chapter, the form requirements of the wills and inheritance contracts are studied in detail and material terms of disposition mortis causa are outlined. The second part of the thesis analyses the reasons for annulment of disposition mortis causa. In Article 557 of the Turkish Civil Code, inability, lack of will, law, morality, and lack of figure are mentioned as reasons for annulment of disposition mortis causa. These reasons for annulment were first examined in general terms, then the reasons and its consequences were discussed comparatively in terms of Obligations Law and Inheritance Law. The consequences of the annulment of disposition mortis causa are dealt with separately in terms of wills and inheritance contracts. The third part of this thesis scrutinises the question of bringing a lawsuit to annul disposition mortis causa before and after the opening of the estate. This part also deals with the parties to the annulment case, the period in which the annulment case should be brought, the competent court, the duration of the case, and the right to indefinite plea. Finally, in the case of annulment, who owns the burden of proof, the consequences of the annulment decision have been examined together by considering the opinions of the doctrine and decisions of the Court of Cassation. Keywords: Disposition mortis causa, Testaments, Inheritance contracts, Annulment of disposition mortis causa