Execution of a will is a lawsuit filed to ensure the realization of a property bequest or other disposition specified in the testator's will. Regulated under Articles 595-619 of the Turkish Civil Code, this institution becomes operational when testamentary creditors (persons in whose favor a bequest has been made) request the delivery of the property bequeathed to them or the fulfillment of the right.
Conditions for an Execution Lawsuit
For the lawsuit to be filed, the will must first have been opened at the Civil Court of Peace. The "opening" here does not mean that the will is valid — it is only a procedural action for the official determination and announcement of its content. For an execution lawsuit to be filed, the following conditions must be met together:
- The will must be valid (no annulment lawsuit filed, or if filed, must have been rejected)
- The testamentary creditor must not have died before the testator and must not have been excluded from inheritance
- The property subject to the bequest must exist within the estate
- There must be no legal obstacle preventing execution (e.g., reserved share violation, collusion)
Statute of Limitations and Competent Court
There is no special statute of limitations for the execution of a will lawsuit; however, according to Supreme Court case law, the testamentary creditor is expected to file the lawsuit within the 10-year general statute of limitations from the opening of the will. After this period, the case is dismissed.
In terms of subject-matter jurisdiction, the Civil Court of First Instance is competent; in terms of territorial jurisdiction, the court of the testator's last domicile is competent (CCP Art. 11). If the bequeathed property is real estate, the court where the property is located may also have jurisdiction.
Rights of the Testamentary Creditor
Together with the execution of the will, the testamentary creditor may demand the following rights:
- Delivery of the bequeathed property in kind
- Payment of the value if the property no longer exists
- Collection of the bequeathed receivable
- Recognition of the right of use of a bequeathed right
- Default interest and compensation due to late payment or delivery
Our Services as Elazığ Law Office
As Elazığ Law Office, we provide the following services to our clients in execution of will lawsuits: evaluation of the validity conditions of the will, preparation of the execution lawsuit petition, claims for estate inventory, processes for registering the bequeathed real estate in the title deed, and representation up to the appeal and cassation stage in case of dispute. We serve in Elazığ center and surrounding districts (Kovancılar, Karakoçan, Palu, Baskil, Sivrice, Keban, Maden).