Reduction of Shares Lawsuit (Turkish Civil Code Articles 560–571)
1. Introduction
The Turkish Civil Code, in inheritance law, aims to protect the freedom of the testator while also ensuring that the rights of blood relatives are not infringed upon. This balance is achieved through the institutions of "reserved share" and "reduction lawsuit"
A reduction lawsuit is a type of lawsuit filed when a testator violates the rights of heirs entitled to a reserved share through donations or wills that exceed their allotted disposition . In other words, this lawsuit aims to reduce the testator's excessive dispositions, ensuring that the heir entitled to a reserved share receives their legal rightful share.
2. The Relationship Between Reserved Share and Reduction
2.1 Definition of Reserved Share
The reserved share is regulated in Articles 505 and subsequent articles of the Turkish Civil Code. The legislator has granted certain heirs a specific percentage of the inheritance, independently of the testator's will. This percentage the portion that the testator cannot dispose of .
Reserved share percentages:
-
Descendants (children, grandchildren): Half of the legal inheritance share
-
Parents: One-quarter of the legal inheritance share,
-
Surviving spouse: The full legal share (varies depending on whether there are other heirs).
2.2 Basis for the Right to Reduction
If the testator, during their lifetime or through a testamentary disposition (will, inheritance agreement), makes transactions that violate the reserved share, the heirs whose reserved share has been infringed can file a reduction lawsuit to restrict these transactions, in accordance with Article 560 of the Turkish Civil Code.
3. The Legal Nature of the Reduction Action
reduction lawsuit constitutive (innovative) lawsuit. Upon acceptance of this lawsuit, the bequest made by the testator is reduced by the proportion of the reduction , and the share of the heir entitled to a reserved share is returned.
This is not an annulment lawsuit ; because the testator's disposition is not completely nullified, only the portion exceeding the reserved share becomes invalid.
As stated in the decision of the 1st Civil Chamber of the Supreme Court of Appeals, numbered 2019/2443 E., 2021/3554 K.:
"A reduction lawsuit is a limited corrective measure that does not directly interfere with the deceased's will, but only aims to protect the reserved share."
4. Parties in a Reduction of Inheritance Lawsuit
4.1 Plaintiff
Only heirs entitled to a reserved share can file a reduction lawsuit. Heirs without a reserved share or third parties do not have the right to file this lawsuit.
The heirs entitled to a reserved share are as follows:
-
Descendants (children, grandchildren),
-
Mother and father,
-
The surviving spouse.
4.2 Defendant
A reduction lawsuit is filed against the person who benefits from the transfer that infringes upon the reserved share . This person is:
-
The third party who benefits from the donation,
-
The person who benefits from the will,
-
This person may be the one to whom the bequest is made through an inheritance agreement.
5. Conditions for a Reduction of Inheritance Claim
5.1 The Inheritance Having Been Opened
A reduction of inheritance share lawsuit can only after the death of the testator . This is because the inheritance has not yet been opened before the testator's death, and the actual infringement of the reserved share has not yet occurred.
5.2 Violation of Reserved Share
The testator's disposition must exceed the legal limit for a given share. In other words, if the testator has donated or bequeathed all their assets to someone, the reserved share of an heir is jeopardized.
5.3 Reduceable Savings
Transactions subject to reduction:
-
Will,
-
Inheritance agreement,
-
Donations made before death (gratuitous transfers).
However, transactions involving consideration (such as sales) cannot be subject to reduction; but according to the Supreme Court's practice, collusive sales are subject to a collusion lawsuit, not a reduction lawsuit
6. Statute of Limitations in Reduction of Inheritance Claims
According to Article 571 of the Turkish Civil Code:
-
Within one year of learning about the transaction that infringes upon the reserved share ,
-
In any case, the lawsuit must be filed within 10 years of the opening of the inheritance .
The defense of statute of limitations is not considered by the court ex officio unless it is raised by the defendant.
7. Calculation of Order and Ratio in Reduction of Shares Cases
7.1 Ranking
Reduction is applied in the following order , in accordance with Article 570 of the Turkish Civil Code :
-
Provisions of a will,
-
Inheritance agreements,
-
Donations made during his lifetime.
This order ensures that the deceased's last wishes are respected to the greatest extent.
7.2 Calculation Method
When calculating the reduction;
-
First, the value of the estate at the time of the deceased's death is determined
-
The deceased's debts are deducted
-
Donations are added the net estate .
-
The reserved share percentage is calculated from this amount,
-
A reduction is applied in proportion to the remaining portion of the reserved share.
The 3rd Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2020/3485 E., 2022/7121 K., clearly stated this point:
"In calculating the reduction of inheritance shares, the market value of the deceased's assets at the time of death should be taken as the basis; old title deeds or tax declarations should not be considered."
8. Proof in Reduction of Shares Cases
The plaintiff bears the burden of proof that their reserved share has been violated .
The court usually has the estate value, the amount of the donation, and the reserved share percentage calculated by an expert.
Documents:
-
Land registry records,
-
Bank transactions,
-
Sample will
-
Donation agreements,
-
Witness statements.
The Supreme Court recommends that in cases of collusive transactions, a lawsuit for collusion , not a reduction of inheritance share , should be filed. However, in limited circumstances, "sales disguised as donations" may also be considered within the scope of reduction of inheritance share.
9. Decision and Outcomes in Reduction of Inheritance Share Cases
The court rules on the reduction rate. For example, if the reserved share has been damaged by 25%, it will decide to cancel the transfer by that percentage.
Along with the reduction decision, the obligation incumbent upon the defendant is;
-
Paying money,
-
Transferring a share of the real estate,
-
to return goods equivalent to the reduction rate .
10. Common Problems Encountered in Practice
10.1 Sales Disguised as Donations
One of the problems frequently encountered in Supreme Court practice is "sale disguised as a donation" transactions made by the deceased during their lifetime. If the deceased has registered a sale in the land registry but has actually made a donation, this situation may be subject to reduction of the inheritance share.
The 1st Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2018/4733 E., 2020/6289 K., stated:
"If it is proven that the sale price was not actually paid and the deceased transferred their property gratuitously, the transaction is considered a gift and is subject to reduction.".
10.2 Distinction Between Reduction of Inheritance Share Action and Collusion Action
A reduction lawsuit restricts a valid disposition made with the explicit will of the deceased; a collusion lawsuit is filed when it is alleged that the apparent transaction is in reality a donation . These two lawsuits should not be confused with each other.
10.3 Errors in Applying the Reduction Rate
In some courts, estate debts or increases in value after the death of the deceased are not taken into account when calculating the reduction of inheritance shares. However, the Turkish Civil Code explicitly states that the "market value at the time of death" should be taken as the basis.
11. Evidence and Expert Examination in Reduction of Inheritance Share Cases
The expert witness is usually a real estate appraiser or a financial consultant .
The expert witness determines the assets and liabilities of the estate and calculates the reserved share.
There is also a right to object to this report.
In practice, issues such as the "date of valuation" and "comparison of comparable sales" directly affect the outcome of the case.
12. Situations Outside the Scope of Application of Reduction Actions
The following transactions are not subject to reduction:
-
Reciprocal transactions (actual sales),
-
Normal expenses incurred by the deceased during their lifetime,
-
Small gifts (everyday donations),
-
Assistance provided due to family obligations.
The 1st Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2017/1364 E., 2018/2135 K., stated:
"Payments made by the deceased for their children's education expenses are not subject to reduction; they are considered social obligations."
13. The Effect of a Reduction Lawsuit on Inheritance Distribution
Once the reduction decision becomes final, the estate is redistributed. The heir whose reserved share was affected increases their inheritance share by including the returned portion in the estate . This ensures a fairer inheritance distribution and balances any excessive spending by the deceased.
14. The Development of Reduction of Inheritance Shares Cases in Light of Supreme Court Jurisprudence
The precedents set by the Supreme Court of Appeals have shaped the boundaries of reduction of inheritance shares lawsuits.
Here are some example decisions:
-
Supreme Court, 1st Civil Chamber, Case No. 2016/7352, Decision No. 2018/4310:
“Even if the testator did not intend to conceal assets, a reduction is applied if the reserved share has been violated.” -
Supreme Court, 3rd Civil Chamber, Case No. 2019/2295, Decision No. 2021/5486:
“A claim for reduction only covers the portion exceeding the reserved share; it does not render the entire disposition of the testator invalid.” -
Supreme Court of Appeals, 2017/1-1298 E., 2020/895 K.:
“In a reduction of inheritance share lawsuit, the values at the time of death are taken as the basis; subsequent increases are not considered.”
15. The Court with Jurisdiction and Authority in Reduction Cases
-
Competent Court: Civil Court of First Instance,
-
Competent Court: The court of the deceased's last place of residence (Turkish Civil Code, Article 576).
If the property in question is located in a different city, the court of the deceased's place of residence has jurisdiction. This is also established by the settled jurisprudence of the Supreme Court of Appeals.
16. Reduction of Inheritance Shares and Requests for Cancellation and Registration of Title Deeds
In a reduction of inheritance share lawsuit, if the subject of the transfer is real estate, the court the cancellation of the title deed and registration in proportion to the reduction .
Therefore, the lawsuit is often a reduction of inheritance share lawsuit requesting the cancellation of the title deed and registration .
17. The Role and Strategy of the Lawyer in a Reduction of Inheritance Lawsuit
In practice, these cases complex calculations affecting the entire inheritance .
The lawyer will primarily:
-
The deceased's assets,
-
The active-passive balance of the estate,
-
Reserve share percentages,
-
It must identify donations and wills.
Subsequently, objections to expert reports, adjustments to the reduction rate, and defenses based on Supreme Court precedents should be made.
18. Conclusion
A reduction of inheritance share lawsuit is one of the fundamental tools for ensuring justice in inheritance law.
The aim is not to disregard the testator's will, but to secure the rights of the heir entitled to a reserved share, as protected by law.
Articles 560–571 of the Turkish Civil Code outline the legal framework for this balance, while Supreme Court precedents have defined its practical limits.
Therefore, before filing a reduction lawsuit, the scope of the estate, the testator's disposition ratio, and the calculation of the reserved share must be meticulously determined.
About Post Author
