Hotchpot in Inheritance Law

Hotchpot in heritage, is the returning of gratuitous savings to the account of heritage share of his/her legal inheritor in legator?s life in kind if any, if not its equivalent value to heritage partnership or deducting the saving from the heritage share of legator. The purpose of the hotchpot mechanism is to prevent legator taken a gratuitous saving from the inheritor to be in a more convenient position when compared to legators having no such saving and to provide equality and justice among legal inheritors.It is necessary for this saving to be done as deduction from heritage share to legal inheritor by the inheritor in his lifetime in order to talk about a saving subject to hotchpot. Gratuitous savings such as granting dotal property or founding capital or transferring a property or absolving and similar performed by the inheritor to his/her lineals unless contrary is explicitly specified by the inheritor is legally subject to hotchpot.Incase if the saving subject to hotchpot exceeds legal heritage share of the inheritor and if inheritor proves that legator intends to leave to his/her own it shall not be subject to hotchpot. Lawmaker also regulated that regular gifts and traditional costs spent during marriage are not subject to hotchpot. Moreover, incase if training, education expenses spent by legator for his/her children remains in traditional dimensions they shall be exempted form hotchpot.Hotchpot obligation shall be mentioned for legal inheritors. A legal inheritor received saving subject to hotchpot from the legator is obliged for hotchpot against other legal inheritors having or not having such a saving. Since hotchpot obligation is connected to heirdom title legal inheritors who reject heritage, being excluded or deprived or waived from the heritage and by this way having no title of heirdom shall not be obliged for hotchpot. And so, liability of hotchpot owned by the inheritor loosing the title of heirdom shall be transferred to inheritors superseding in a rate occured in heritage shares.Lawmaker has made a distinction between lineal inheritors and other legal inheritors for hotchpot liability. Accordingly, gratuitous savings of legators made in the favour of his/her inter vivos lineals with particular characteristics unless contrary is explicity mentioned by the legator, when it is subject to legal hotchpot, the hotchpot liability for legal heirs excluding lineal inheritors shall be valid solely incase of existance of such a decleration of intention.A right for one selection was granted for hotchpot debtor inheritor for the execution of hotchpot liability in law. Accordingly, if the inheritor intends it shall return savings to heritage partnership; he/she shall reserve saving if wishes so and may deduct its value from heritage share. Here hotchpot is performed over the value during the hotchpot of the property as the subject of saving. A reference is made to the provisions stipulated for unjust enrichment for profits and losses for the property as the subject of saving and costs spent for saving and effect of revenues obtained to calculations.Key WordsInheritance LawHotchpotEstateAbatementPartition of heritage