What Is the Reserved Portion? Can the Deceased Leave All Their Property to Whomever They Wish?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Whether the deceased can leave their assets to any desired individuals through a will or other legal transactions is one of the frequently encountered questions in inheritance law. Although the testator has testamentary freedom under Turkish law, statutory reserved portions are provided for certain heirs.
Attorney Aylin Esra Eren stated that the reserved portion is a legal restriction placed on the deceased’s freedom of disposition, noting: “When the reserved portion is infringed, it may be possible for the heir to seek their rights through an action for reduction (tenkis davası) if the necessary conditions are met.”
Who is entitled to a reserved portion?
Under Article 506 of the Turkish Civil Code (TMK), the heirs entitled to a reserved portion and their ratios are as follows:
- Descendants: Half of the statutory inheritance share.
- Mother and father: One-quarter of the statutory inheritance share for each.
- Surviving spouse: The entirety of the statutory inheritance share if inheriting together with descendants or the parentela of the mother and father; three-quarters of the statutory inheritance share in other cases.
Siblings are not among the heirs with a reserved portion under current legislation. However, whether siblings are statutory heirs is determined separately depending on the presence of other heirs.
What can be done if the reserved portion is infringed?
If a will, donation, or other dispositions made by the deceased violate the reserved portion, an action for reduction may arise depending on the circumstances of the concrete case. The reduction aims to scale back the portion of the deceased’s dispositions exceeding the legally permitted limit. However, not every donation or will is automatically deemed invalid.
In calculating the reserved portion, the assets and liabilities of the estate, the statutory shares of the heirs, and the dispositions that must be accounted for according to law are assessed together. For this reason, it is not always possible to determine an exact ratio solely by looking at the property listed in the land registry.
Are deadlines important in an action for reduction?
Yes. The Turkish Civil Code (TMK) provides for specific periods for a claim of reduction, depending on circumstances such as learning of the infringement of the reserved portion and the opening of wills. In general, a period of one year from the date of learning of the infringement of the reserved portion and, in any case, a maximum period of ten years depending on the nature of the relevant disposition may apply. The commencement date and the applicable period must be examined individually in each concrete case.
Eren stated, “Whether the reserved portion has been violated must be calculated based on the total value of the estate and the statutory inheritance relationships. To prevent the loss of rights, the will, land registry records, and dispositions made by the deceased must be evaluated together.”