-EXAMPLE PETITION-
ANKARA () COURT OF FIRST INSTANCE
F. NO:2021/…..E.
THE DEFENDANT IS THE HEIR: D….. B…..(T.C.:……………..)
address
attorney :
address
THE PLAINTIFF REPLIED: A….. B….. (T.C.:……………..)
SUBJECT OF THE CASE: It consists of our answers to the lawsuit requesting the cancellation of the will substituted in your court with the file whose main number is written above.
INSTRUCTIONS
On the part of the plaintiff, the petition of claim of the above-mentioned written file, which has been substituted against the client in your court, is submitted to us../../…. It has been communicated in its history. We present this petition, which contains our statements and answers to the lawsuit filed against the client, to your Court within the period of time.
The plaintiff and the defendant client who requested the revocation of the will from your court are brothers and their father Muris C….B…. (October 1), the identity information of murise is presented in the October of the petition../../…. He passed away on his date. October 2), as can be understood from the inheritance decree (October 2) that we have submitted in the annex to the petition, the plaintiff and the defendant are the sole heirs of the muris.
Muris ../../…. In the history of Ankara .. By issuing a will (October-3) at his notary’s office, the defendant left part of the estate to his client in accordance with the maintenance agreement until his death.
The will of the plaintiff’s petition for side held on all of the aspects of the procedures and is contrary to law; legal heirs of the plaintiff of the shareholders and stored for the purpose of sale from other Muris is prepared, and this will also Muris whether the legal requirements of a maintenance contract between the client and the defendant have been found in the claim that there cannot be until death.
These issues, which the plaintiff has claimed in the lawsuit petition, lack legal basis and are completely abstract claims. All claims of the plaintiff are based on assumptions and have no basis in fact, no concrete evidence. All the issues that the plaintiff objected to were realized in accordance with the conditions stipulated by law, in accordance with the procedures and laws. That is to say,
Firstly,
If the will was made when the testator did not have a savings license, then,
If the will was made as a result of error, deception, intimidation or coercion,
If the content of the will, the conditions or obligations to which it is attached are contrary to law and morality,
If the will has been made contrary to the terms of the form specified in the law, its cancellation may be requested.
Since the considerations claimed by the plaintiff are not from these conditions, the plaintiff’s request for the revocation of the will must be rejected, as will be observed by your court.
However, the claim for disability of the contract of care until death, made by will, is not in place. There is a maintenance contract between Muris and the defendant until Decease. Muris and the defendant live close to each other and the client has met his needs by visiting Muris frequently as requested by Muris.
Muris lived alone and suffered from loneliness in the last years of his life. For this reason, it was extremely important for his own son to be a companion for him and take his place with him. However, it was understandable for Muris as well as for everyone that the defendant client had his own family and that family needed the client. Therefore, Dec there is a maintenance agreement between them, the fact that the client lives with his own family does not pose a problem for muris or for the contract in which the client promises to care for muris. The client has always fulfilled the needs and wishes of the murisin; he took care of her until she died.
Although Muris did not have a health problem that would negatively affect her life, she was suffering from loneliness; she needed care and companionship from time to time. For this reason, he had requests from the defendant in this direction, and the client never opposed his father’s request. The client regularly ensured the exchange of the bride’s house and the order of the house. Murisi visited him regularly until the end of his life; he never severed his connection with him. Murisin has always fulfilled his desires; he was the first person he would call when he had a need.
There is no element to indicate that the contract of care until death, made by the will drawn up in this aspect, is invalid. The client has fulfilled all the actions requested by the murisin from him; thus, he has become a creditor of the contract by performing all the actions of the contract. The plaintiff’s claim that the contract is invalid lacks a legal basis.
The plaintiff claims that the preparation of the will without the presence of such a report reveals the disability of the transaction performed, while the presence of a medical report from a full-fledged hospital should be observed in order for the murisin to issue a will at the notary office. This claim of the plaintiff, like other claims, lacks legal basis. Muris has never lost his power of perception and discernment until the time he lost his life. As can be seen from the health reports we have submitted October the annex of this petition, no health reports have been prepared about this situation.
While it was instantly clear that the attribution ability was in place by the officials at the notary office when the will was being prepared, he arranged the will in question. The will is drawn up in accordance with the procedure and the law within the framework of the conditions sought by the law. In this aspect, it is clear that the will in question was not prepared to smuggle goods from the plaintiff.
As a result, for all these reasons described, the claim that the testator violated the plaintiff’s rights arising from the law by violating his reserved shares is far from the legal basis. The will is drawn up in the presence of a notary, in accordance with the legal requirements required by law and while the murisin is in mental health. The client fulfilled all the requirements of the maintenance contract between Muris and himself until his death; in this way, he became the creditor of the inheritance arranged by Dec will. In this way, we appeal the whole case and all of the claims that the plaintiff has substituted.
LEGAL REASONS: TMK, HMK, Law on Advocacy and other relevant legislation
EVIDENCE: Population registration information of the Muris, health reports of the Muris, Inheritance decree, ../../…. In the history of Ankara .. A will issued by a notary, a witness, etc. all delail
CONCLUSION AND CLAIM : With all the reasons described above and re’ you will be considered by your Court:
1-First of all, to reject all the issues that the plaintiff has claimed in the lawsuit petition and REJECT HIS CASE,
2-We offer and request by proxy that the decision to leave the trial expenses and the power of attorney fee to the plaintiff is also made. 03/11/2021
Defendant D….. B….. Attorney
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