Grounds and Time Limits for Annulment of Testamentary Dispositions

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

An unwanted outcome from a testamentary disposition is not alone a ground for annulment. TMK m. 557 lists lack of testamentary capacity, defects of consent, unlawful or immoral content and non-compliance with statutory form as grounds for annulment. A will that diminishes a reserved share is primarily assessed in terms of reduction.

Standing and Scope of the Action

An action for annulment may be brought by an heir or legatee with an interest in annulment of the disposition. The claim may concern the entire disposition or a particular part. Where a benefit was given to specified persons in breach of restrictions on participation in execution, the law contains a special rule annulling only that benefit.

Under TMK m. 559, the right to sue is subject to one year from learning of the disposition, the ground for annulment and the claimant’s entitlement. An ultimate period of ten years against a good-faith defendant and twenty years against a defendant lacking good faith also applies, running from the opening of a will or, for other dispositions, the transfer of inheritance. These are forfeiture periods.

For asserting invalidity by way of defence, the law provides a separate opportunity that is not subject to a time limit. The requirements for a successful action depend on evidence of the specific ground for annulment; medical records, the original disposition and the execution procedure carry different weight for different grounds.

Source

Turkish Civil Code No. 4721, m. 557–559.

This article has been prepared for general legal information purposes.