The Court of Cassation set a precedent with a decision that will concern prospective spouses who will make an inheritance agreement before getting married. A lawsuit filed by the parties in the Samsun Regional Court of Justice 6th Civil Chamber and extending to the Court of Cassation 7th Civil Chamber regarding the cancellation of an inheritance certificate became a precedent. According to the allegations, Fikret A., who passed away on 31.10.2021, made a waiver of inheritance agreement with P., the person he was about to marry 15-20 minutes before the marriage without mutual signatures. After Fikret A.’s death, all his assets passed on to his children from his first marriage. His new spouse, P., through her attorney, claimed that the agreement was made 20 minutes before the wedding and at that moment there was no right to inheritance. The new spouse P., citing that the agreement was a waiver of unborn rights, took legal action to cancel the inheritance waiver agreement. She also obtained an inheritance certificate from the Family Court. In response, Fikret A.’s children from his first marriage, who were listed as heirs, filed a counter lawsuit. The plaintiffs in the counter claim requested the cancellation of the inheritance certificate issued by the Family Court citing the lack of status as an heir of the defendant. The lawyer for the defendant claimed that her client did not sign a document in the nature of an inheritance waiver and marriage agreement, stating that the agreement was null and void. While the first instance court ruled that the inheritance waiver agreement was invalid, the deceased’s relatives filed an appellate petition. After the objections, the Regional Court of Justice overturned the decision and the case was taken to the Court of Cassation. DECISION FROM THE COURT OF CASSATION The Court of Cassation 7th Civil Chamber, in the result of the appeal review, made a precedent decision stating that “due to the expectation of marriage arising from the signing of the agreement by P. 15-20 minutes before the marriage ceremony, and as the right to inheritance could not arise until the moment of death of the deceased, the inheritance waiver agreement in dispute is valid, as the status as an heir is acquired only upon the death of the deceased. Therefore, it was not correct to accept the request for the cancellation of the inheritance waiver agreement in the counter claim, and the decision needed to be overturned.”