What Is a Reserved Share and How Is It Calculated?
Reduction and Reserved Shares
Prepared by: Constantinople
Short Answer
A reserved share is the portion protected for certain heirs against specified dispositions. It is not the same proportion as an intestate share; the person’s family position and the estate calculation are decisive. By examining the heirs, earlier benefits and remaining assets together, we explain the basis of an alleged reserved-share infringement and the records requiring further investigation.
You believe a will or earlier gift means you will not receive the share you expected. You do not know which proportion should be protected or whether considering only your own intestate share is enough. A reserved-share calculation is not limited to the value of a single property. We first establish the date of death, heir structure and transactions. We then consider assets, debts and benefits affecting the calculation together, showing how infringement of the protected share is examined.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
First Identify Who Has a Reserved Share
TMK 505–506 regulate the reserved shares of descendants, parents and the spouse. Siblings have no reserved share under the current rules. However, the date of death must also be checked to identify the applicable provisions; today’s proportions are not automatically used for an earlier death. Being an intestate heir does not always mean having a reserved-share right. Family records and the other persons inheriting alongside the heir are the starting point.
The Proportion Is Calculated from the Intestate Share
Under TMK 506, a descendant’s reserved share is half their intestate share, and each parent’s is one quarter of their intestate share. The surviving spouse’s reserved share is their entire intestate share when inheriting alongside descendants or the parents’ class, and three quarters in other cases. These proportions are not applied directly to the whole estate. First the person’s intestate share is found, then the reserved share is calculated. This sequence is particularly important in cases involving several family branches or a spouse.
The Estate and Earlier Benefits Are Examined Together
TMK 507–509 regulate deduction of debts and consideration of specified gratuitous benefits and insurance values in the calculation. Seeing only the remaining bank balance or the transferred home is insufficient. Reduction under TMK 560 requires assessment of whether the reserved share’s value was not received and the limits on disposition were exceeded. The result may differ if the heir can obtain the reserved share from the assets left to them; we calculate the case as a whole.
What Do We Examine in Your Matter?
Structure of the Heirs
We identify the date of death, spouse and parentage records, earlier deaths and any provisions for renunciation of future inheritance or disinheritance. We support the proportion calculation with these records.
Asset Calculation
We list remaining assets, debts and earlier benefits. We explain the legal basis on which each item enters the calculation and distinguish valuation needs from missing documents.
Claims and Defences
We compare the alleged reserved-share infringement with existing wills and transfers. We examine reduction, equalisation and other claims separately and assess the opposing party’s objections to the calculation.
Frequently Asked Questions
Do I have a reserved share because I am a sibling?
Under the current TMK 505–506 regime, siblings have no reserved share. The date of death and applicable law are nevertheless checked separately. We distinguish intestate heirship from reserved shares.
Does infringement of a reserved share automatically remove the entire will?
Assessment of reserved shares and reduction differs from annulment of a will. Which disposition may be affected, and to what extent, is examined through calculations and claims. Automatic invalidity of the entire document cannot be assumed.
Related Inheritance Topics
Related Questions
Reference Sources
505–509, 560, 571
505–506, 560, 565
Let Us Examine Your Protected Share Within the Full Calculation
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.