Action is Demanded
TO ADANA CIVIL COURT OF FIRST INSTANCE ON DUTY
Plaintiff:
ATTORNEY:
DEFENDANTS:
FAITHFUL :
SUBJECT: It consists of the request for the cancellation of the testator’s will and, if not, the decision to be taken.
DESCRIPTIONS :
……. 1. The case of the Civil Court of Peace, numbered 2016/198 E. 2016/363 K., for the opening of the will in the form of the notary public’s issue dated 04.08.2015 and journal number 1581, has been appealed by us and is still pending. Due to the fact that the client lives abroad, he could only receive the notification. The client could not attend the hearing regarding the opening of the will, but appealed the decision and was legally aware of the will.
The client’s testator passed away on 04.05.2016. As the legal heirs left behind; left his wife ….., children ……….., ……….. and ………. In our opinion, there are unlawful and procedural contradictions in the will opened after death and should be cancelled. as follows;
In the will of the testator, which was opened on 13.04.2016, he owned by himself, …… province ……….. district …….. mah. It has been revealed that the house in the form of a masonry house located on block no. 291, parcel 26, left 1/2 of it to his daughter ………… 1/2 of it to ………… after his death. In the will, the reason for this is that “our two daughters have taken care of us until today, they are the ones who show us interest and possibility.” explained as.
The testament in question is momentary anger of the testator and other heirs ……. and it is obvious that he gave it under pressure of …………. The deceased is a person who receives a pension both from abroad and from Turkey. Other heirs also reside abroad. Muris has lived on his own feet in Turkey for a long time. As can be understood from this situation, the deceased did not have a state of need for care. He did everything himself. Before the decedent died, he said that he wanted to return from this will and regretted it while he was sick. However, the client has learned this fact only now. Again, there is a will/saving (oral or written) that we guess is found in the spouse of the testator, who is also the legal heir, that the testator has returned from the testament in question. Therefore, the will, which is the subject of this case, is invalid in nature.
In addition, when we look at the will, the report that the testator’s mental faculties are sufficient was obtained from the family doctor. This report is not valid. It should not be respected. Muris had heart surgery. It is a well-known scientific fact that post-operative emotionality increases in people who have had heart surgery. The report describing the emotional state of the deceased in a moment of anger and pressure from my sisters should have been received from the full-fledged state hospital, especially from the committee, which included a psychiatrist. Otherwise, the report does not show that the deceased has a mental state or mental weakness. Therefore, the will drawn up without the aforementioned report is not only illegal in form but also incomplete and crippled in nature. In addition, when we examine the will, it will be understood that the testator is an illiterate person. Witnesses in the will must witness that the testator is both illiterate and emotionally sound and left the above-mentioned immovable only to his two daughters. Therefore, we demand that the witnesses in the will be invited to the hearing by your esteemed court and heard on these issues.
The defendants, by using the reasons that crippled the will of the deceased, which we explained above, dragged him into error and enabled such a transaction to take place in his favor. There is no reason why the deceased should leave the above-mentioned entire house to only two daughters and deprive the other heirs of it. The will of the testator was injured by the defendants and the spouse of the testator, and they misled the testator and carried out this action. The defendants and the spouse of the deceased still reside in this inherited house. Again, all the belongings in this house left by the deceased are used by the defendants. The plaintiff client could not even take any personal belongings that reminded him of his late father. The plaintiff client has also been victimized in this case, and he wants his share of the belongings left by his late father.
In addition to the reasons we have presented, there is also the plaintiff client’s receivables from the inheritance and legally protected reserved shares. For this reason, this will also infringe on the reserved shares of the plaintiff client, and for this reason, it is also necessary to cancel the will.
For these reasons, we are obliged to apply to your esteemed court for the annulment of the memorial will and, if it is not, for its annulment.
LEGAL REASONS: Turk Civil Code , code of procedure and other legislation
LEGAL EVIDENCE: Identity Register, Certificate of Inheritance Hospital records, doctor’s reports and prescriptions, which may be obtained later and without prejudice to our right to report counter-evidence.
i, Will of the Notary Public of ………, dated 04.08.2015 and numbered 1581, Land registry, Witness statements, ………… Civil Court of Peace file 2016/198 E. 2016/363 K., Oath, Expertise and any other evidence.
RESULT-I DEMAND:
For the reasons explained above and which you will observe ex officio;
1-First of all ………. province …………… district ……… mah. Imposing Precautionary Measures in order to prevent the transfer of the immovable, which is a masonry house, located on block 291, parcel 26, to third parties,
2- The decision of the Notary of …………., dated 04.08.2015 and journal number 1581, to cancel the will due to the fact that it is against the law, and if it is not possible, to reject the plaintiff in proportion to his hidden share,
I submit and demand the estimation of the litigation expenses and attorney’s fees to the other party by proxy. (Date)
