Testator fraud (muris muvazaası) is one of the most litigated areas of Turkish inheritance law. It arises when a deceased person transferred real property to one or more persons — typically a favoured child — through a transaction structured as a sale but which was in reality a disguised gift intended to deprive other heirs of their shares.
What Constitutes Testator Fraud?
The classic case: the deceased “sold” a property to a child but received no real payment, or a token sum. The property continued to be used by the deceased, and the transfer was timed shortly before death or during illness. The purpose was to exclude other heirs from their rightful shares.
Under Turkish law, such transactions are invalid on two grounds: they are a simulated agreement (muvazaa) concealing a gift, and they infringe the heirs’ inheritance rights. Both the simulated sale and the underlying gift are treated as void.
Who Has Standing to Sue?
Any legal heir whose inheritance rights were infringed may bring the action — regardless of whether they hold a reserved portion. This is broader than the action for reduction (tenkis), which is limited to forced heirs only.
The following cannot sue: heirs who have renounced the inheritance, been formally disinherited, or waived their rights in advance. The action can only be brought after the deceased’s death.
Proving Testator Fraud
Proof is not limited to written documents — witness evidence and all other forms of evidence are admissible. Turkish courts have developed an established framework of indicators, including:
- A significant gap between the declared price and the property’s market value
- The deceased continued to use or live on the property after the transfer
- The transfer was made during serious illness or very close to death
- The price recorded in the deed was nominal
- A clear pattern of favouring one heir over others
No single indicator is conclusive; courts assess all circumstances together.
Difference from the Action for Reduction
| Testator Fraud | Action for Reduction (Tenkis) | |
|---|---|---|
| Core argument | Transfer was void from the outset | Transfer is valid but exceeds reserved portion |
| Who can sue | All legal heirs | Forced heirs only |
| Outcome | Land registry entry cancelled; property restored to estate | Return of value equal to the excess |
| Time limit | None (property right) | 1 year / 10 years |
What If the Property Has Been Sold On?
Where the fraudulently transferred property has since been sold to a third party, the third party’s good faith is decisive:
- Good faith purchaser who relied on the land registry is generally protected; the heir’s remedy shifts to a claim for the property’s value
- Bad faith acquirer who knew of or should have known about the fraud may be subject to land registry cancellation directly
Frequently Asked Questions
My parent sold the family home to my sibling but received no money. What can I do? This is a textbook testator fraud scenario. After your parent’s death, you can bring a land registry cancellation action. Gather evidence of the absence of real payment — such as the disproportion between the recorded price and market value, testimony from neighbours, and records showing the deceased continued living there.
Do I need to have a reserved portion to sue? No. Any legal heir can bring a testator fraud action, regardless of whether they hold a reserved portion. This distinguishes it from the action for reduction, which is available only to forced heirs.
Is there a time limit for this action? No statutory time limit applies, because the action is grounded in property rights. However, delay is practically risky: the property may be transferred again to a good-faith third party, making cancellation increasingly difficult. Acting promptly is strongly advisable.
What evidence is most useful? The discrepancy between recorded price and actual market value, testimony that the deceased continued using the property after transfer, documents timed around illness or death, and any correspondence or statements showing intent to favour one heir over others.