How to File an Abatement Action in Turkey — Reserved Shares and Time Limits

An abatement action is an inheritance-law remedy filed to reduce, down to the statutory limit, the portion of the deceased's dispositions that exceeds the legal shares of protected heirs.

The Purpose of an Abatement Action

Under Article 560 et seq. of Turkish Civil Code No. 4721, an abatement action does not annul the deceased's dispositions entirely — it only reduces the portion that violates the reserved share to the statutory proportion. The remainder of the disposition stays valid.

Requirements for an Abatement Action

To file the action, the deceased must have died and the estate must have opened; the claimant must be a protected heir (descendants, parents, or spouse); and the deceased must have made, during their lifetime or through a testamentary disposition, a gift exceeding that heir's reserved share. Customary gifts and occasional presents given during the deceased's lifetime are not subject to abatement.

Limitation Period

An abatement action becomes time-barred one year from when the heirs learn their reserved share has been violated, and in any event ten years from the date the will was opened (for testamentary dispositions) or from the date the estate opened (for other dispositions). These periods are peremptory, so an action filed after they expire is dismissed.

Competent Court

An abatement action is heard before the civil court of first instance; the competent court is that of the deceased's last place of residence. Where more than one disposition is at issue, the order of abatement follows a specific priority scheme set by law.

Burden of Proof

The claimant must prove that their reserved share was violated and the amount of the gift at issue; this requires an accurate determination of the estate's assets and the gifts the deceased made during their lifetime.

Practical Recommendations

If you believe your reserved share has been violated, first document the estate's assets and the deceased's dispositions (land registry records, bank transactions); consult a lawyer without delay 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.