Hotchpot

Abstract: According to the law of inheritance, the estate of a real person passes plenary through with his death to the inheritors which has been determined by the law or the testator. In some cases legal heirs may exercise the rights provided by the Turkish Inheritance Civil Code No. 4721, against the testamentary legal disposition or unrequited benefits done by the testator. Action for reduction is a legal right in which the legal heirs with reserved portion may exercise in the event that the testator exceeds the limits of his freedom to dispose of saving in general. As a result of testator’s unrequited benefits, the inheritors whose reserved portions have been breach can open the case of action for reduction, as well as making of plea in a case against them. 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. The heir, after the death of the inheritor, seized the money and the property confiscated after the death of the inheritance based on the title of inheritance because of the request for recall. In our study, the differences between the case of equilibrium, the inheritance due to inheritance and the cancellation of death-related savings, which are frequently confused with the criticism case, are examined in detail with the opinions in the doctrine and the decisions of the High Judiciary.