The Reserved Share in Inheritance

Reserved Share in Inheritance | Inheritance Lawyer in Izmir | Dilek Yavuz Uysal, Att.

What is the Reserved Share in Inheritance?

Turkish Civil Code‘According to Article 506 of the Turkish Penal Code, which regulates the reserved share, the heirs entitled to a reserved share are, in the first group, the descendants of the deceased. That is, the children, grandchildren, and great-grandchildren of the deceased, if any. In the second group (if the deceased died without descendants), the parents of the deceased are entitled to a reserved share. Conversely, siblings and nieces and nephews do not have a reserved share. On May 4, 2007, the provision regarding the reserved share of siblings was removed from the text of the article. Apart from these, our law also grants a reserved share to the surviving spouse, as we will explain in detail.

The reserved share refers to the portion of the inheritance that the testator cannot bequeath to any person or institution through a will or other testamentary disposition. This includes half of the inheritance share for the children, one-quarter of the inheritance share for each parent, and the entire legal inheritance share for the surviving spouse if they are an heir along with the parents or children, or three-quarters of the inheritance share in other cases. In other words, the inheritance rights of these individuals are protected by our laws, aiming to prevent the testator from concealing their assets. Thus, the testator cannot diminish their assets through testamentary dispositions.

InformationThe law states that if the only legal heirs are the deceased's descendants, then half of the estate belongs to their reserved share.

ExampleLet's assume the total value of all assets in the estate is 80,000 TL. The deceased's two children, who are legal heirs, each receive 40,000 TL as their inheritance share. However, only half of this is reserved shares. Therefore, the reserved shares of the two children are 20,000 TL each, totaling 40,000 TL. The deceased can dispose of the remaining 40,000 TL as they wish.

If the testator misappropriates assets by violating their reserved shares, the heirs entitled to a reserved share can file a reduction lawsuit to demand the delivery of their reserved shares. The reduction lawsuit is regulated in Article 560 of the Turkish Civil Code, which states that "heirs who have not received the equivalent of their reserved shares may sue for the reduction of dispositions exceeding the portion the testator could dispose of." In other words, for the right to claim a reduction to arise, the testator must have exceeded their disposition limit through testamentary dispositions or inter vivos donations, and the heir's reserved share right must have been violated. The lawsuit concerning the reserved share can be filed for donations made by the testator through inheritance agreements or wills, and in some cases, for donations made during their lifetime.

How is the reserved share of an inheritance calculated?

To calculate the reserved share in an inheritance, it is first necessary to identify and appraise the assets of the estate. Subsequently, the reserved share ratio is determined by applying the reserved share ratios shared above.

To calculate the reserved share, the deceased's debts, funeral expenses, costs of sealing and inventorying the estate, and three months' living expenses for those living with the deceased must first be deducted from the estate. Any donations made by the deceased during their lifetime that are subject to reduction or restitution in the inheritance, and any donations made during their lifetime that infringe upon the reserved share, must be returned to the estate. As can be seen, inheritance cases are inherently complex and require the assistance of a lawyer specializing in inheritance law.

The Survivor Spouse's Reserved Share:

The surviving spouse's reserved share is determined as the entire inheritance right if they inherit together with descendants and parents, and ¾ of the inheritance right in other cases.

The surviving spouse's reserved share varies depending on who they are inheriting with, just as in the determination of legal inheritance shares. Therefore, let's examine them separately:

1. The surviving spouse inherits along with the first group of heirs.If the surviving spouse inherits together with the first-degree heirs, i.e., the descendants of the deceased, their legal inheritance share is ¼. Their reserved share is the entire legal inheritance share, i.e., ¼ of the inheritance.

2. The surviving spouse inherits together with the second group of heirs: If the surviving spouse inherits together with the second-degree heirs, i.e., the deceased's parents and their descendants (siblings, nieces, nephews, etc.), their legal inheritance share is half of the inheritance. Their reserved share is the entire legal inheritance share. Accordingly, the surviving spouse's reserved share is half of the inherited assets.

3. The surviving spouse inherits together with the third group of heirs.As is known, in the third group of heirs, along with the surviving spouse, only grandparents and their children are granted inheritance rights. Their descendants are not granted inheritance rights. The legal inheritance share of the deceased's grandparents, their children, and the surviving spouse is ¾ of the inheritance. ¾ of the legal inheritance right is the reserved share. Therefore, 9/16 of the inheritance belongs to the surviving spouse's reserved share.

4. The surviving spouse being the sole heirIf the surviving spouse is the sole heir, the entire inheritance belongs to the surviving spouse's legal inheritance, and ¾ of that is their reserved share.

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