What to Do When Your Reserved Share Is Violated in Turkey

A reserved share is the minimum inheritance share the law guarantees to certain close heirs, notwithstanding the deceased's freedom to dispose of their estate; exceeding this share entitles the heir concerned to specific legal remedies provided by law.

Heirs Entitled to a Reserved Share and Their Ratios

Under Article 506 of Turkish Civil Code No. 4721, the heirs entitled to a reserved share are descendants, parents, and the surviving spouse. A descendant's reserved share is half of their statutory inheritance share; a parent's reserved share is a quarter of their statutory inheritance share; and the surviving spouse's reserved share is either the entirety or three-quarters of their statutory share, depending on which other heirs are present.

How a Reserved-Share Violation Arises

A reserved-share violation may arise from gifts the deceased made during their lifetime, testamentary dispositions made through an inheritance contract or a will, or sham sale transactions made to divert assets away from the heirs. Identifying the violation requires assessing the estate's true value together with all the gifts the deceased made during their lifetime as a whole.

Remedies Available to an Heir Whose Reserved Share Is Violated

An heir whose reserved share has been violated may file an abatement action or, where relevant, an action to cancel and re-register title on the ground of a sham transaction by the deceased, depending on the nature of the gift. Dispositions the deceased made during their lifetime intended to deprive a protected heir of their inheritance rights can be annulled for sham transaction where the true intent is proven.

Depriving an Heir of Their Reserved Share (Disinheritance)

Under Article 510 of the Turkish Civil Code, where one of the serious grounds listed by law exists (such as the heir committing a serious offence against the deceased or their relatives), the deceased may disinherit a protected heir from their reserved share through a will; however, the ground for disinheritance must be expressly stated in the will and must be genuine.

Renouncing a Reserved Share

A protected heir may knowingly and willingly renounce their reserved share through an inheritance contract concluded with the deceased; this renunciation must be executed before a notary.

Practical Recommendations

If you believe your reserved share has been violated, identify all gifts the deceased made during their lifetime (property sales, donations) to establish the estate's true value, and consult a lawyer promptly to avoid missing the limitation periods.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.