What is a Reserved Share?
A reserved share is the portion of inheritance that specific legal heirs are entitled to under the Turkish Civil Code, which the testator cannot dispose of. This regulation aims to protect the inheritance rights of close family members.
Reserved Share Ratios
According to the current Turkish Civil Code, the reserved share ratios are as follows:
• Descendants (children): 1/2 of the legal inheritance share
• Parents: 1/4 of the legal inheritance share
• Surviving spouse: Depending on which group of co-heirs: full legal share with descendants, full legal share with parents, 3/4 of legal share with grandparents' group
Disposable Portion
The testator may freely dispose of the remaining portion after deducting reserved shares. This portion is called the disposable portion. The testator may leave this portion to any person of their choice through a will or inheritance agreement.
What is a Reduction Action?
A reduction action is a lawsuit filed to invalidate dispositions by the testator that violate reserved share rules. Heirs whose reserved shares are impaired can claim their rights by filing a reduction action.
Conditions for a reduction action:
• The plaintiff must be an heir with reserved share rights
• The testator's dispositions must violate the reserved share
• The inheritance must have been opened (death of the testator)
• The statute of limitations must not have expired
Statute of Limitations for Reduction Actions
A reduction action must be filed within 1 year from the date the reserved share holder learned of the disposition, and in any case within 10 years from the opening of the inheritance for wills.
Disinheritance
The testator may disinherit a reserved share heir only in serious cases specified by law:
• The heir committing a serious crime against the testator or their relatives
• The heir significantly violating obligations arising from family law
Inheritance Distribution Process
Inheritance opens upon the death of the testator and is distributed among heirs. Distribution may be done through agreement or court decision. Distribution can also be requested through a partition lawsuit.
Conclusion
Reserved share regulation in inheritance law is of great importance for the protection of family members. In case of reserved share violation, rights can be protected by filing a reduction action. Seeking professional legal consultation during the inheritance distribution process is the most effective way to prevent potential disputes.