KÜHEYLAN HUKUK
What is a Till Death Care Contract? Validity Conditions, Termination and Heirs' Rights of Action Legislation and jurisprudence information has been compiled as of October 2026. Decision citations were taken from the decisions of the 3rd, 7th and 8th Civil Chambers of the Supreme Court of Appeals dated 2025-2026.
In the care until death contract, the care debtor undertakes to take care of the care creditor until his death; The maintenance creditor undertakes to transfer an asset or some asset values to him (TBK art. 611). Even if the contract does not include the appointment of an heir, it will not be valid unless it is made in the form of an inheritance contract, that is, officially (TBK art. 612). If the maintenance debt is not fulfilled, the contract may be terminated without notice and title deed cancellation and registration may be requested for the transferred real estate (TBK article 617). The heirs may file a lawsuit, claiming that the contract is fraudulent (secret donation) or that it damages their reserved shares; The action for criticism is also reserved against the maintenance contract (TBK art. 615).
According to the established definition of the Supreme Court, the contract of care until death is a gratuitous contract that imposes mutual rights and obligations on the parties (3rd HD, E.2025/1118, K.2025/4559, 06.10.2025). The maintenance creditor is obliged to transfer the ownership of the property subject to the contract, and the maintenance obligor is obliged to take care of it in the sense prescribed by law.
Care debt is wide-ranging. With the conclusion of the contract, the care creditor joins the family community of the care debtor. The debtor is obliged to provide suitable food and housing, to take care of his illness and to have him treated; In addition, moral support is also part of the duty of care (TBK article 614). In its decision dated 03.02.2026 (E.2025/1161, K.2026/553), the 7th Civil Chamber of the Supreme Court of Appeals reiterated that for the contract to be valid, the care creditor does not have to be in need of special care at the date of the contract, and that the emergence of this need later or the death of the creditor shortly after the contract does not affect the validity.
The contract must be made formally, that is, in accordance with the formal conditions of the inheritance contract (TBK art. 612, TMK art. 545). Title deed cancellation and registration cannot be made based on a contract that has not been made officially (Supreme Court of Appeals General Assembly, 06.02.2008, 2008/14-70 E., 2008/104 K.). The parties must have the capacity to act, and their wills must be free from defects such as mistakes, fraud, and intimidation. The scope of the maintenance debt and the transferred assets should be clearly determined. The maintenance creditor has the legal mortgage right for the transferred real estate, like the seller (TBK article 613).
Medical records are decisive in the driver's license debate. In the above-mentioned file dated 03.02.2026, the issue that the legal capacity of the care creditor on the date of the transaction was determined by the Forensic Medicine Institute report and that the lower court's justification that the defendant influenced the elderly creditor was not supported by the scope of the file was discussed in the appeal.
3. How Does the Contract End?
Termination without notice TBK article 617/1 Continuation becomes unbearable due to breach of contract The given immovable property is taken back, the faulty party compensates the damage.
annuity bonding TBK article 617/2 Termination of cohabitation, lifetime income commitment Equitable monthly income is paid instead of maintenance debt.
Termination due to disproportionality TBK article 616 Significant disproportion between acts and inability to prove the purpose of donation Termination with six months' notice; The actions taken are balanced
death of debtor TBK article 618 Care obligor dies The debt passes to his heirs; creditor can terminate within 1 year from death
In its decision dated 09.01.2025 (E.2024/722, K.2025/153), the 3rd Civil Chamber of the Supreme Court of Appeals approved the decision by finding the termination appropriate in accordance with Article 617 of the Turkish Code of Commerce in a file where it was established that the maintenance debtor did not fulfill his maintenance debt. In the decision of the same chamber dated 06.10.2025, it was stated within the framework of the Unification of Jurisprudence Decision No. 25/22 dated 05.06.1957 that the contract does not terminate in the event of the death of the maintenance debtor, that the maintenance creditor can terminate the contract within a 1-year limitation period, but in this case, he cannot claim back the property he transferred as is, and can only demand money from the bankruptcy estate in case of bankruptcy of the debtor.
If it has become impossible to live with the care obligor, the judge may grant a lifetime income to the care obligee instead of terminating the contract (TBK article 617/2). In its decision dated 04.12.2025 (E.2025/819, K.2025/5179), the 7th Civil Chamber of the Supreme Court of Appeals stated that this solution will be applied in cases where the possibility of living together is eliminated or greatly limited, and that the amount of income must be fair and appropriate to the economic and personal situation of the parties. In its decision dated 04.02.2026 (E.2026/224, K.2026/598), the chamber overturned the provision due to the fact that the monthly income of 5,000 TL was low and the increase rate was not shown. Therefore, income should be determined in a way that provides protection against inflation.
5. Proof: Was Maintenance Really Done?
Whether the maintenance debt has been fulfilled or not is proven by witnesses and documents. In its decision dated 13.01.2025 (E.2024/1749, K.2025/236), the 7th Civil Chamber of the Supreme Court of Appeals examined whether the witness statements were based on eyewitnesses; He stated that the statement of the witness who only told what he heard from the care payee was insufficient, while the statements of neighbors and employees who witnessed daily life were more valuable. Invoices, hospital and medication records, bank receipts for treatment expenses, on-site discovery and social investigation reports are frequently used evidence in practice.
The maintenance contract carries three separate risks for the heirs.
Secret donation (collusion): If the contract is not actually made for maintenance, but for the purpose of stealing goods from the heirs, a lawsuit for title deed cancellation and registration can be filed based on the collusion of the deceased. This case is covered in a separate guide.
Reduction: Even if the maintenance contract is valid, the heirs' right to criticism is reserved (TBK article 615/3). If the difference between the value of the transferred property and the value of the maintenance debt exceeds the reserved share, reduction may be requested.
Invalidity: The contract can be canceled if there is a lack of formal form, incapacity or lack of will.
The maintenance debtor may request the registration of the real estate in his/her name against the heirs after the death of the maintenance creditor. In the exercise of this right, the heirs' criticisms and collusion objections determine the outcome.
When Hatice Hanım was 78 years old, she transferred her only house to her neighbor's son, Murat, with a contract to care for him until his death, made by a notary. Two years later, Hatice Hanım requested the termination of the contract, claiming that Murat did not visit her and did not provide her with medicine and food.
If violation of the duty of care is proven through eyewitness statements of witnesses and neighbors, hospital records and survey, termination and cancellation of title deed may be requested in accordance with Article 617/1 of the Turkish Code of Obligations. If there is no possibility of living together, the court may impose a lifetime annuity in favor of Hatice Hanım instead of returning the title deed. If Hatice Hanım dies, her heirs can investigate whether the maintenance contract is real and file a lawsuit for collusion or criticism.
Can a contract for care until death be made outside a notary?
The contract must be made in the form of an inheritance contract, that is, officially. Ordinary written or verbal agreements are not sufficient for title deed cancellation and registration.
Can the care creditor unilaterally cancel the contract while he is still alive?
If there is an important reason such as non-fulfillment of maintenance debt, termination without prejudice is possible in accordance with Article 617 of the Turkish Code of Commerce. If there is a significant disproportion between the acts, termination can be made with six months' notice.
If the maintenance obligor dies, does the contract end?
No. The maintenance debt passes to the heirs of the maintenance debtor. The care creditor may terminate the contract within 1 year from the date of death.
Can the heirs cancel the maintenance contract?
If there is collusion, incapacity, lack of will or lack of form, a lawsuit can be filed. Even if the contract is valid, if the reserved share is damaged, a lawsuit can be filed for reduction.
Is there legal protection for the care payee?
Yes. The maintenance creditor who transfers the real estate has the legal mortgage right like the seller (TBK article 613).
Making the contract with ordinary promissory notes, without complying with the official form requirements
End-of-life care agreements strike a delicate balance between the security of the elderly individual and the rights of the heirs. More than one dispute head may be intertwined, such as lack of form, violation of maintenance duty and reserved share objections. Küheylan Law Firm carries out the process with an evidence plan, from the preparation of the maintenance contract to its termination, from requests for title deed cancellation and foreclosure, to collusion and criticism cases of the heirs. Obtaining legal support before making a contract greatly reduces any loss of rights that may arise in the future.
Important Legal Notice: The information contained in this guide is for general information purposes and does not constitute a legal opinion. The outcome may vary depending on the specific circumstances of each concrete case, the nature of the documents in the file, and the legislative provisions at the relevant date. It is recommended that the process be carried out with the support of a lawyer, in order not to miss the limiting deadlines and to prevent procedural errors.
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