Yargıtay Kararları ve Doktrin Tartışmaları Işığında Ölüme Bağlı Tasarrufların İptal Sebeplerinin Değerlendirilmesi

If the inheritor wishes to dispose of her/his inheritance after her/his death, she/he can achieve this by making testamentary dispositions. Our legal system accepts that testamentary dispositions can be made in two ways as testament and inheritance contract. Invalidity of testamentary dispositions; non-existence, nullity and annulability. While the sanctions of non-existence and nullity rarely occur; annulability is a sanction frequently encountered in testamentary dispositions. The reasons of annulment of testamentary dispositions are limited in our law. These are incompetence, incapacity of will, violation of law or morality and violation of formal rules. Especially in cases of disability of will, it is important whether the testamentary dispositions is made in the form of a testament or an inheritance contract. In our study, within the framework of the formal distinction, the reasons for the annulment of the testamentary dispositions will be explained, and then the procedural rules regarding the annulment lawsuit will be mentioned.