Which Dispositions Are Subject to Reduction? (Turkish Civil Code Article 565) — 2026 Guide
What Are Reducible Dispositions?
Reducible dispositions (dispositions subject to abatement) arise when gratuitous transactions made by the testator violate the rights of compulsory heirs. For this reason, the legal system restricts these dispositions to protect the heirs' rights.
The testator reduces their assets through donations. However, if this reduction infringes upon the reserved portion (compulsory share), heirs may immediately request abatement. In this way, the system restores the balance.
Reducible Dispositions According to Article 565 of the TMK (Turkish Civil Code)
The law explicitly covers certain dispositions. Therefore, heirs can directly make these transactions the subject of a lawsuit.
1. Inter Vivos Gratuitous Dispositions
The testator makes donations and performs gratuitous transfers while alive. If these transactions reduce the reserved portion, the heirs may demand abatement.
Therefore, it is necessary to examine donation transactions carefully.
2. Donations Made Within 1 Year Before Death
The testator makes donations in the final year before their death. The law places special emphasis on this period because these transactions directly affect the inheritance balance.
- These donations directly fall under the scope of abatement.
- However, ordinary gifts do not fall under this scope.
For example, daily and customary gifts are not subject to a lawsuit.
3. Dispositions Aimed at Eliminating the Reserved Portion
In some cases, the testator acts intentionally to harm the heir. In such instances, no time limit applies.
Therefore:
- If the purpose is to violate the reserved portion, all transactions are examined.
- Abatement is applied regardless of time limits.
Thus, the law directly prevents bad-faith conduct.
4. Revocable Dispositions
The testator reserves the right to revoke certain donations. In this case, the donation is not finalized. Therefore, the law includes these transactions in the calculation.
This is why one must always carefully evaluate the content of the donation.
How Is the Abatement Calculation Done?
The abatement calculation follows a specific order. First, we examine testamentary dispositions. Then, we evaluate inter vivos dispositions.
Additionally:
- We start with the most recent disposition.
- We calculate backwards.
This method produces fair results.
Why Are Reducible Dispositions Important?
This system creates a balance in inheritance law, as the testator cannot transfer their entire estate without limit.
Therefore:
- We protect the reserved portion.
- We prevent unfair gains.
- We ensure balance among heirs.
Furthermore, heirs can defend their rights more strongly.
Points to Consider
To manage the process correctly:
- Analyze donations in detail.
- Calculate reserved portion ratios.
- Track time limits carefully.
- Seek legal support if necessary.
👉 Current legislation:
Conclusion
In conclusion, reducible dispositions establish a fair balance in inheritance law. For this reason, heirs should manage the process carefully. Additionally, acting at the right time prevents the loss of rights.