Reduction of Shares Lawsuit

In Turkish law, according to the Turkish Civil Code, certain legal heirs have reserved shares, and it is legally impermissible for the testator to make dispositions that infringe upon the reserved shares of these heirs as stipulated by law. Therefore, if the testator makes dispositions that infringe upon these reserved shares, the heirs entitled to them can file a reduction lawsuit to remedy the violation. This lawsuit is filed to resolve disputes arising during the distribution of the inheritance after the death of the testator. For this lawsuit, which is relevant in inheritance law, to arise, the death of the testator is necessary. If the testator is alive, this lawsuit cannot be filed. A reduction lawsuit can be filed only if a situation known as concealment of assets in ordinary life occurs.

In inheritance law, legal heirship and reserved share heirship are important concepts. Those heirs whose inheritance shares are determined by law and cannot be interfered with are called reserved share heirs, while the legally protected inheritance shares are called reserved shares. However, individuals specifically designated by the testator may also be appointed as reserved share heirs.

According to the Turkish Civil Code, the heirs entitled to a reserved share are as follows:

1. Spouse: In cases of inheritance between spouses, the surviving spouse is entitled to a reserved share of the inheritance after the death of one spouse.
2. Children: Children are entitled to a reserved share of the inheritance in the event of inheritance.
3. Parents: Parents are entitled to a reserved share of the inheritance in the event of inheritance.
4. Siblings: Siblings are entitled to a reserved share of the inheritance.

According to the Civil Code, only heirs entitled to a reserved share can file a reduction lawsuit. Each heir entitled to a reserved share can file a reduction lawsuit independently of the others. Therefore, heirs entitled to a reserved share do not act according to whether other heirs entitled to a reserved share have filed a lawsuit or not, and can file a reduction lawsuit to protect their own rights. This lawsuit can only be filed by heirs entitled to a reserved share, and participation from other heirs is permitted.

In a reduction of inheritance share lawsuit, the defendant is the person to whom the testator has made a disposition that prejudices the legally protected inheritance shares of the reserved heirs. The person to whom the infringing disposition was made does not need to be a third party; it can be one of the heirs.

A claim for reduction of inheritance shares must be filed within one year from the date the heirs learn that their reserved shares have been violated. However, the right to file a lawsuit expires ten years after the date the will was opened, or the date the inheritance was opened in the case of other dispositions. This is a forfeiture period and will be considered ex officio by the judge.

If a debtor has gone bankrupt, the bankruptcy estate also has the right to initiate bankruptcy proceedings. This is used as a kind of last resort for the debtor, and when bankruptcy proceedings are initiated, all of the debtor's assets are managed by the bankruptcy estate, and their debts are paid. During this time, the debtor is under the administration of the bankruptcy estate, and the bankruptcy estate manages the debtor's assets and income. If you do not have sufficient funds to pay your debts, or if you cannot earn the necessary money to pay them, the bankruptcy estate will have the right to initiate proceedings. Exercising this right requires you to earn the necessary funds to pay your debts or to sell your assets to convert them into cash.

Creditors and the bankruptcy trustee may grant a period of time for the heir entitled to a reserved share to file a reduction claim, and if the heir entitled to a reserved share fails to pay the debts within this period, a reduction claim may be filed.

A reduction lawsuit is a lawsuit filed to determine which assets can be collected from the debtor's inheritance. Creditors may file a reduction lawsuit to identify assets that can be collected from the debtor's inheritance to settle their debts. This requires the heir entitled to a reserved share to use the assets collectible from the debtor's inheritance to pay off the debts.

A reduction lawsuit is possible when you don't have enough money to pay off debts or when you can't earn the necessary funds to pay them. In this case, a reduction lawsuit is filed, and assets recoverable from the debtor's inheritance are used to pay off the debts. Creditors of a reserved-share heir can also file this lawsuit.

Creditors of a reserved-share heir can also file a reduction lawsuit, but this requires that the heir has not yet filed such a lawsuit and that there is a certificate of insolvency against them.

A certificate of insolvency indicates that a person lacks the authority to manage their own assets. If a reserved heir has such a certificate, creditors can file a reduction lawsuit, and assets deducted from the reserved heir's inheritance can be used to pay off debts.