Inheritance law is a crucial legal field that governs both family relationships and the distribution of assets. After the death of the testator, their estate is distributed among the legal heirs according to specific legal provisions. However, some of the testator’s dispositions may violate the legally protected reserved portion of certain heirs.

In such cases, heirs with a reserved portion can file a reduction lawsuit to reclaim their rightful inheritance shares. This article will cover: What is the reserved portion? Who has the right to a reserved portion? How is a reduction lawsuit filed? What are the time limits and consequences of a reduction lawsuit?

1. What is the Reserved Portion?

The reserved portion is the legally protected share of specific heirs, ensuring that their inheritance rights are not violated. Although the testator has the right to dispose of their assets freely during their lifetime, they cannot fully disinherit certain heirs protected by law.

For example, even if a father donates all his assets to a foundation, his children’s reserved portion remains intact. If their right is violated, they can file a reduction lawsuit to annul such transactions. According to the Turkish Civil Code (TCC), heirs can claim their reserved portion only after the testator’s death.

2. Who Are the Heirs with a Reserved Portion?

According to the TCC, the following heirs have a reserved portion:

• Descendants (children, grandchildren): Half of their statutory inheritance share is reserved.
• Parents (mother and father): One-fourth of their statutory inheritance share is reserved. This rule also applies to other ancestors.
• Surviving spouse: The reserved portion depends on the inheritance scenario. If inheriting with children, the reserved portion is equal to their statutory inheritance share. If inheriting with the parents of the deceased, the reserved portion is equal to their statutory inheritance share. If inheriting alone, the reserved portion is three-fourths of their statutory inheritance share. If inheriting with grandparents, the reserved portion remains three-fourths of their statutory inheritance share.

The reserved portion for siblings was abolished in 2007, meaning that the deceased’s siblings no longer have a reserved portion.

3. How is the Reserved Portion Violated?

The testator may violate the reserved portion through transactions made during their lifetime or by testamentary dispositions effective upon death. Some common examples include:

• Excessive donations, such as transferring all assets to third parties.
• Providing extraordinary advantages to certain heirs, such as leaving significantly more assets to one child over others.
• Bequeathing the entire estate to specific individuals through a will, which may violate the reserved portion of other heirs.
• Fraudulent transactions, including falsified sales or asset transfers intended to deprive heirs of their inheritance.

In such cases, heirs with a reserved portion have the right to file a reduction lawsuit.

4. What is a Reduction Lawsuit?

A reduction lawsuit is a legal action aimed at annulling or adjusting dispositions that violate the reserved portion of an heir. Such a lawsuit can be filed; when a will or donation violates the reserved portion, when it is determined that the testator unfairly favored certain heirs or third parties, when the inheritance distribution process results in an unfair outcome. A reduction lawsuit cannot be filed while the testator is alive. It can only be initiated after their death.

5. Who Can File a Reduction Lawsuit?

Only heirs with a reserved portion can file a reduction lawsuit. These include, descendants (children, grandchildren), parents (mother and father), spouse. Each heir can file an individual lawsuit, and the court will grant a reduction only for the share of the heir who filed the case.

If an heir with a reserved portion is a minor or legally incapacitated, their legal representative must file the lawsuit on their behalf. Otherwise, the legal representative may be held responsible for negligence.

6. Creditors and Bankruptcy Estate Filing a Reduction Lawsuit

Creditors who have obtained a debt certificate against an heir before the testator’s death can file a reduction lawsuit if the heir fails to do so. If the heir has gone bankrupt, the bankruptcy estate can also initiate a reduction lawsuit. Creditors can request a reduction only up to the amount of their claim.

Before taking legal action, creditors must allow the heir a reasonable period to file a lawsuit. If the heir fails to act within this timeframe, creditors or the bankruptcy estate can initiate legal proceedings.

7. Who Are the Defendants in a Reduction Lawsuit?

Defendants in a reduction lawsuit are those who have benefited from transactions that violated the reserved portion. This may include other heirs or third parties who received assets through donations or fraudulent transfers. If the recipient of the unlawful transaction has passed away, their heirs will become defendants in the case. When multiple recipients have received unlawful benefits, the plaintiff does not have to sue all of them. However, failing to do so may result in unfavorable consequences due to priority rules in reduction lawsuits.

8. Time Limits for Filing a Reduction Lawsuit

Reduction lawsuits are subject to strict legal deadlines rather than standard statutes of limitations. The competent courts for reduction lawsuits are the Civil Courts of First Instance.

The lawsuit must be filed within one year from the date the heir becomes aware of the unlawful transaction. In all cases, the lawsuit must be filed within ten years from the opening of the inheritance (the testator’s death).

Fraudulent property transfers made by the testator during their lifetime can be challenged through a separate lawsuit for annulment of title deeds. These cases may have different time limits.

9. Consequences of a Reduction Lawsuit

If a reduction lawsuit is successful:

• Transactions that violate the reserved portion are annulled or adjusted.
• Unfairly acquired assets are returned to the rightful heirs.
• Land registry records are corrected to reflect the rightful ownership of heirs.

Heirs who win the lawsuit will have their reserved portions recalculated and receive the inheritance share they are legally entitled to.

10. Conclusion

The reserved portion is a fundamental legal protection ensuring that certain heirs receive their fair share of inheritance. However, a testator’s transactions or will may violate these rights. In such cases, heirs can file a reduction lawsuit to reclaim their rightful shares.

If you believe your inheritance rights have been violated, it is crucial to act within the legal time limits and seek legal assistance to protect your rights. Since reduction lawsuits involve complex legal procedures, seeking professional assistance from an inheritance lawyer is highly recommended.