Action for Reduction and Reserved Shares in Inheritance Law

In cases where the deceased (testator) violates the legal rights of their heirs through dispositions made during their lifetime or via a will, the lawsuit filed to protect these rights is called an Action for Reduction (Tenkis Davası). The main purpose of this action is to secure the Reserved Shares (Saklı Pay) of the legal heirs.

What is a Reserved Share and Who Has a Reserved Share?

A reserved share is the portion of the inheritance protected by law, which the testator cannot freely dispose of through a will or donations. According to the Turkish Civil Code, only the following persons have a reserved share right:

• Descendants (Children and Grandchildren): One-half (1/2) of the legal inheritance share.
• Parents: One-fourth (1/4) of the legal inheritance share.
• Surviving Spouse: If the spouse becomes an heir together with descendants or parents, the entirety (1/1) of the legal inheritance share; in other cases, three-fourths (3/4) of the legal inheritance share.

Note: The reserved share rights of siblings were abolished by a legal amendment in 2007.

Conditions and Statute of Limitations for Action for Reduction

To file an action for reduction, the dispositions made by the deceased (wills, donations made before death, etc.) must exceed the reserved share limits of the heirs. Not all transactions made by the deceased, but only the parts that infringe on the reserved share are reduced.

This lawsuit is subject to preclusive time limits:

• It must be filed within 1 year from the date the heirs learn that their reserved shares have been infringed.
• In any case, the right of action expires 10 years after the opening of the will or, for other dispositions, the opening of the inheritance (death).

Since inheritance distribution and reduction actions require complex mathematical calculations and legal interpretations, it is essential to seek advice from an experienced inheritance law attorney to prevent loss of rights.