Understanding Reduction Lawsuits in Turkey: Reserved Share Violations

Quick answer: An action for reduction (tenkis davası) allows an heir who has not received their reserved share to request that dispositions exceeding the deceased’s legally permitted freedom to dispose of their property be reduced to the lawful limits. Its purpose is to make up the shortfall in the reserved share, rather than invalidate all dispositions or necessarily divide the estate equally. Turkish Civil Code (TMK), Article 560

What is a reserved share, and which heirs are entitled to it?

A reserved share is the portion of an inheritance that the law protects for certain heirs. Descendants, parents and the surviving spouse may benefit from this protection when they inherit. “Descendants” includes not only children but also grandchildren and later generations where the order of succession entitles them to inherit. Under current Turkish law, siblings do not have a reserved share. TMK, Articles 495 and 505–506

Reserved share proportions

• Descendants: One-half of their statutory share

• Each parent: One-quarter of their statutory share

• Surviving spouse inheriting alongside the deceased’s descendants or parental line (parents or their descendants): Their entire statutory share

• Surviving spouse in other circumstances: Three-quarters of their statutory share

These proportions are not applied directly to the entire estate. The other heirs and the individual’s statutory inheritance share must first be determined. It is therefore incorrect to describe the surviving spouse’s reserved share as “one-quarter” in every case. TMK, Article 506

How is an infringement of a reserved share assessed?

Looking only at who received a particular property is insufficient. The calculation considers the deceased’s assets at the time of death, debts and expenses to be deducted, and gratuitous transfers to be added to the calculation insofar as they are subject to reduction. The heir’s reserved share is then compared with the value they have received. TMK, Articles 507–508 and 560

One heir receiving more property than another does not, by itself, establish an infringement of a reserved share. A claim for reduction is based on a shortfall in the legally protected share. TMK, Article 560

Which dispositions may be subject to reduction?

Gifts under a will and other dispositions taking effect on death may be subject to reduction if they infringe a reserved share. Gratuitous transfers made during the deceased’s lifetime are assessed under the conditions set out in the law. Examples may include gifts made within the year preceding death, other than customary gifts, and transfers clearly intended to circumvent reserved share rules. Not every transfer is automatically subject to reduction. TMK, Article 560, Article 565

The difference between reduction and annulment of a will

An infringement of a reserved share does not automatically invalidate a will. A gift under a valid will may be reduced to the extent that it infringes a reserved share.

An action to annul a will involves different grounds. These include a lack of testamentary capacity, circumstances affecting the testator’s intention such as mistake or deception, provisions contrary to law or morality, and failure to comply with statutory formalities. Annulment and reduction claims have different legal bases. TMK, Article 557, Article 560

Sham transfers intended to deprive heirs of inheritance (muris muvazaası) require a separate assessment. For example, a claim seeking cancellation of an existing title registration and registration in the claimant’s favour, where registered real estate was actually gifted but presented as a sale to deprive an heir of inheritance, rests on a different legal basis from a reduction claim. The appropriate claim depends on the true nature of the transaction. Case law discussed under TMK Article 565

Deadlines for bringing an action for reduction

Article 571 of the TMK sets out two time limits that extinguish the right to bring an action if missed:

• One year: This period begins when the heir learns that their reserved share has been infringed.

• Ten years: For wills, this period runs from the formal opening of the will; for other dispositions, it runs from the opening of the succession, meaning the deceased’s death.

The ten-year outer limit does not mean that an heir who has learned of the infringement can wait ten years to sue. The one-year period must also be observed. If the annulment of one disposition brings an earlier disposition into effect, the periods begin when the annulment judgment becomes final. Separately from bringing an action, reduction may be asserted at any time as a defence (def’i). TMK, Article 571

The competent court and preparing a claim

Under the general rules on jurisdiction and venue, an action for reduction is brought before the Civil Court of First Instance (Asliye Hukuk Mahkemesi) at the deceased’s last domicile. Cases involving a foreign element or additional claims require a separate assessment. Turkish Code of Civil Procedure, Articles 2 and 11, TMK, Article 576

Depending on the case, relevant documents may include a certificate of inheritance, any will and the court file concerning its opening, land registry and transfer records, bank records, and documents concerning debts and assets. This is neither a mandatory nor an exhaustive document list for every case. Filing deadlines must remain in view while documents are being collected.

Rejection of inheritance and agreements waiving inheritance rights

Bringing an action for reduction does not automatically remove liability for estate debts. Rejection of inheritance (mirasın reddi) is a separate legal act performed after death. An agreement waiving inheritance rights (mirastan feragat) is made with the person leaving the estate during their lifetime. Where an estate has debts, an action for reduction should not be treated as a substitute for rejecting the inheritance. TMK, Articles 528, 599 and 605

Frequently asked questions

Can every statutory heir bring an action for reduction?

As a general rule, an heir who is entitled to a reserved share and has not received its value may bring the action. Being a statutory heir alone is insufficient. The special rights that the law grants to an heir’s creditors require separate consideration. TMK, Articles 560 and 562

Is a will required for an action for reduction?

No. Gratuitous lifetime transfers that meet the statutory conditions may also be subject to reduction. TMK, Article 565

How long does the case take, and what does it cost?

The duration depends on the number of parties, the collection of records, valuations and expert examinations, and any appeal proceedings. A specific completion period cannot responsibly be given without examining the case. Court fees, expenses and any lawyer’s fees also depend on the scope of the claim and the work involved.

For an assessment of your inheritance dispute, visit our Istanbul inheritance lawyer page or contact Koçak Law Firm.

Legal notice: This article provides general information about Turkish law and does not replace legal advice on an individual case. The applicable provisions must be assessed in light of the circumstances, including the date of death and the nature of the transaction.

Source text revision and source comparison date: 14 September 2026.