The Court of Cassation has made a precedent-setting decision that will concern prospective spouses who will make an inheritance contract before getting married. The inheritance certificate cancellation lawsuit that the parties brought against each other in the 6th Civil Chamber of the Samsun Regional Court of Justice, which went up to the Court of Cassation 7th Civil Chamber, set a precedent. According to the claim, Fikret A., who passed away on 31.10.2021, made a renunciation of inheritance contract with P., the person he was about to marry 15-20 minutes before the mutual signatures were put on for the second marriage. After Fikret A.’s death, all his assets passed to his children from his first marriage. His new wife P., through her attorney, claimed that the contract was made 20 minutes before the wedding, and she did not have any inheritance rights at that time. The new wife P., citing the contract as a renunciation of an unborn right, filed a lawsuit for the cancellation of the renunciation of inheritance contract. And also obtained an inheritance certificate from the Family Court. Subsequently, the children from Fikret A.’s first marriage, who appeared as heirs, filed a counter lawsuit. The counterclaimants requested the annulment of the inheritance certificate given by the Family Court on the grounds that the defendant did not have the status of an heir. The defendant’s attorney claimed that his client did not sign a document resembling a renunciation of inheritance and marriage contract and argued that the contract was null and void. While the first instance court decided that the renunciation of inheritance contract was invalid, the relatives of the deceased filed an appeal. After the objections, the Regional Court of Appeal overturned the decision, and the case was taken to the Court of Cassation. COURT DECISION The 7th Civil Chamber of the Court of Cassation, as a result of the review of appeal, left a precedent-setting decision stating that “considering the high expectation of marriage at the moment of signing the contract by P. 15-20 minutes before the marriage ceremony, as well as the impossibility of the status of heir arising until the death of the testator, and the acquisition of the status of heir by the testator at the time of death, it is understood that the renunciation of inheritance contract in question is valid; therefore, it was deemed incorrect to accept the demand for the annulment of the renunciation of inheritance contract in the counter lawsuit and the ruling had to be overturned.”