The freedom to dispose of one’s estate by will or gift is limited in Turkey. Certain heirs — called forced heirs — are guaranteed a minimum share by law that neither a will nor a lifetime gift can eliminate. Any disposition that encroaches on this reserved portion (saklı pay) can be reduced through a court action after the testator’s death.
Which Heirs Have a Reserved Portion?
Not all legal heirs are protected. The reserved portion applies only to:
| Heir | Statutory Share | Reserved Portion |
|---|---|---|
| Descendants (children, grandchildren) | Full share | 1/2 of statutory share |
| Parents | Statutory share | 1/4 of statutory share |
| Surviving spouse (with descendants) | 1/4 | Full portion |
| Surviving spouse (alone) | Full estate | Full portion |
| Siblings | — | None (abolished in 2007) |
The most common scenario in practice: the deceased makes a gift of real property to one child, reducing what the other children receive below their reserved portions.
What Dispositions Can Be Reduced?
Reduction (tenkis) applies in reverse chronological order — most recent first:
- Testamentary dispositions (wills) — reduced last
- Lifetime gifts — reduced from most recent to oldest
- Certain life insurance premiums and special transfers — included in defined circumstances
Where a transfer is suspected to be a disguised gift rather than a genuine sale, a separate action for testator fraud (muris muvazaası) may also be available.
Time Limits for the Action
The action for reduction is subject to two parallel deadlines — both preclusive:
- 1 year from the date the heir learns that their reserved portion has been infringed
- 10 years from the date the will was opened (or from the date of death, for lifetime gifts)
Missing either deadline extinguishes the right to sue.
How to Bring the Action
The action is filed in the civil court of first instance (asliye hukuk mahkemesi). The plaintiff must demonstrate:
- That the disposition infringes the reserved portion
- The value of the assets subject to reduction
Property valuation evidence and expert reports are typically required. The result of a successful action is the return of value equal to the infringement — or, if the property is still in the original recipient’s hands, return of the property itself.
Frequently Asked Questions
How long do I have to bring an action for reduction? One year from the date you learn of the infringement, and in any event ten years from the date the will is opened. Both deadlines are preclusive — the right is permanently lost once either expires.
My sibling received a much larger share through a gift. Can I sue? Yes, if the gift reduced your statutory share below your reserved portion. The amount recoverable is limited to the infringement of your reserved portion, not the excess gift as a whole. A full assessment of all dispositions and heir positions is needed first.
The deceased transferred property before death. Can that still be reduced? Yes. Lifetime gifts are subject to reduction. Complex situations arise where the property has since been transferred to third parties, or where testator fraud (muris muvazaası) may overlap — specialist advice is important.
Can I bring both an action for reduction and a testator fraud action? They are legally distinct. The reduction action accepts the transfer as valid and seeks return of the excess. The fraud action argues the transfer was void from the outset. Both may sometimes be pursued, but strategy must be decided based on the specific facts.