The Turkish Civil Code balances the deceased's freedom of disposition with a limit in favor of certain close heirs: these heirs are guaranteed a reserved share that the deceased cannot take away from them, even by bequest or gift.
Who Are the Heirs with a Reserved Share?
Under TCC Art. 506, the heirs with a reserved share and their ratios are as follows:
- Descendants (children/grandchildren): Half of the statutory inheritance share
- Mother and father: One quarter of the statutory inheritance share
- Surviving spouse: The entire statutory inheritance share when inheriting together with the descendants or the parental line; three-quarters of the statutory inheritance share if there are no other heirs
(Siblings do not have a reserved share - the reserved share of siblings was abolished by the 2017 amendment.)
When Is an Action for Reduction Filed?
If the deceased, through gifts made during their lifetime or through testamentary dispositions (such as a will), has violated the guaranteed share of the heirs with a reserved share, the heir whose reserved share has been infringed may file an action for reduction, requesting the annulment/reduction of the portion of the disposition exceeding the reserved share that infringes their own share (TCC Art. 560 et seq.).
Order of Reduction
Reduction is applied first starting with testamentary dispositions (a will), and if these are not sufficient, then in order going backward from the most recent gift made by the deceased during their lifetime - unless otherwise explicitly specified by the deceased.
Limitation Period for the Action for Reduction
An action for reduction must be filed within 1 year of the date the heirs learn that their reserved shares have been infringed, and in any event within 10 years of the date the will was opened or the other dispositions were learned of.
Conclusion
The reserved share is a mandatory guarantee that limits the deceased's freedom of disposition and protects close heirs. Reduction of gifts or bequests that violate the reserved share must be requested with attention to the applicable time limits.
You can review current precedents on actions for reduction with Lawyer Services' Research tool.