A testator’s freedom to dispose of their estate is not unlimited in Turkey. Certain heirs hold a protected reserved portion that cannot be eliminated except through a formal disinheritance (mirasçılıktan çıkarma) based on specific statutory grounds. A disinheritance that does not meet these conditions is void.
Who Can Be Disinherited?
Disinheritance is only relevant for forced heirs — those who hold a reserved portion under the Turkish Civil Code: descendants (children, grandchildren), parents, and the surviving spouse. Heirs without a reserved portion can already be excluded through the testator’s general freedom of disposition; a formal disinheritance is not required for them.
Grounds for Disinheritance
The Civil Code recognises two categories:
Punitive disinheritance — based on the heir’s own conduct:
- The heir committed a serious crime against the testator, their spouse, or their lineal relatives
- The heir seriously breached family law obligations toward the testator (such as a duty of support or care)
Minor disputes or family estrangements do not qualify. The conduct must be substantial and capable of being described specifically in the will.
Protective disinheritance — a narrow statutory mechanism for heavily indebted heirs, applicable only in limited conditions prescribed by law.
Formal Requirements
All three conditions must be met simultaneously:
- Made by will — a verbal statement has no legal effect; the disinheritance must appear in a valid testamentary disposition
- Grounds stated explicitly — the testator must specify in concrete terms which ground is relied upon; vague language is insufficient
- The ground must be real and recognised by law — fictional or legally non-existent grounds render the disinheritance void
The Disinherited Heir’s Rights
A disinherited heir is not without recourse.
Action to annul the will: the heir may challenge the validity of the disinheritance by showing that the stated ground did not exist or is not one recognised by law. This action must be brought within one year of the heir learning the will was opened.
Action for reduction (tenkis): even where the disinheritance is formally valid, it cannot eliminate the reserved portion. Any disposition that encroaches on the reserved share can be reduced by court action within 1 year of learning of the infringement, and in any event within 10 years.
Important: a validly disinherited heir retains their reserved portion in all circumstances. Disinheritance can only affect the portion beyond the statutory floor.
Effect on the Disinherited Heir’s Descendants
When a person is disinherited, their own children are not affected. They step into the disinherited parent’s place and are entitled to the share that parent would have inherited. This means grandchildren of the testator may inherit even when their parent has been formally excluded.
Frequently Asked Questions
My father verbally told me he was cutting me out of the inheritance. Is that binding? No. Disinheritance requires a valid will — either notarised or entirely handwritten, signed, and dated. A verbal statement has no legal effect whatsoever.
I was disinherited. Can I still claim my reserved portion? Yes. Disinheritance cannot eliminate the reserved portion. If the will infringes your reserved share, you may bring an action for reduction (tenkis) to recover it, regardless of whether the disinheritance itself is valid.
The will disinherits me but states no reason. What can I do? The absence of a stated ground renders the disinheritance invalid. You may bring an action to annul that provision of the will. The action must be filed within one year of learning the will was opened.
I was disinherited. Does this affect my children? No. Your children retain their own inheritance rights and step into your place. They are entitled to the share you would have received, regardless of your disinheritance.