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Inheritance Law · Equalisation

Learn the Available Steps for Equalisation in Inheritance

You may want to know whether a home or money given to an heir during the deceased's lifetime will count in partition. We examine the benefit, recipient and transaction basis and provide a written assessment of equalisation, reduction or other options and missing records. To start, briefly state what was given, to whom and, as far as you know, when.

Submit Your MatterView the Review Scope

The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.

Your Matter

Which Situation Applies to You?

  • An Heir Previously Received Assets

    You know a home, land, company shares or money were transferred. You want to understand whether it was a gift, genuine sale or value advanced against an inheritance share.

  • Consideration Is Disputed

    One party says a price was paid; another says the benefit was gratuitous. You want to understand what title and payment documents show and which gaps require investigation.

  • You Disagree on the Partition Calculation

    The value to include or the share against which to set off an earlier benefit is disputed. You want to compare calculations and identify the source of disagreement.

Legal Framework

Equalisation Concerns Partition Between Statutory Heirs

TMK Art. 669 provides for gratuitous lifetime benefits to statutory heirs intended as advances against their inheritance to be accounted for in partition. A special rule applies to benefits to descendants such as providing capital, transferring assets or releasing debts. For other statutory heirs, the intention to offset the benefit against their share must be established separately. We first identify heirship and the transaction's nature; not every family money movement is assessed identically.

The Transaction's Description, Purpose and Documents Are Examined Together

An equalisation claim requires investigation of whether the benefit was actually provided, was gratuitous and who benefited. Any explanation of sale or loan is examined against its supporting evidence. The deceased's intention to exclude the benefit from partition and records showing it matter. Ordinary gifts, customary education expenses and marriage expenses have special rules; we do not treat them as major asset transfers (TMK Arts. 674–675).

Return of the Asset or Set-Off Against the Share Are Available

The liable heir may return the asset or have its value counted against their share, subject to the deceased's different dispositions. Valuation is based on the equalisation date. If the benefit exceeds the inheritance share, proof concerning the deceased's intention and reduction rights also matter. We therefore do not simply enter an old transfer price in today's partition calculation (TMK Arts. 671–673).

Reduction and Equalisation Have Different Bases

Equalisation assesses earlier benefits in partition between statutory heirs. Reduction aims to remedy infringement of reserved shares. A transaction excluded from equalisation may still require reduction assessment. The defendant, supporting calculation and legal basis are determined according to the file. We also check whether this distinction has been properly made in existing proceedings.

Mention the file stage and service date if proceedings or service exist. Procedure and deadlines for equalisation, reduction and other claims are assessed separately.

Reference Sources

Turkish Civil Code Equalisation and Proof Review of a Company Share Transfer Reduction and Reserved Shares

File Review

What Do We Examine in Your Matter?

  • 01

    We Match Benefits with Heirs

    We list what was given, by whom, to whom and when. We compare the certificate, transfer records and subsequent steps. We distinguish known transactions from allegations not yet documented.

  • 02

    We Also Examine the Other Party's Explanation

    Payment of a price, a loan or a different intention of the deceased may be alleged. We assess supporting documents and evidence needs and explain strengths and uncertainties.

  • 03

    We Assess the Calculation and Claim Together

    We consider the benefit, remaining estate and shares together. We identify valuation needs, the possibility of agreed partition and further matters to examine for litigation.

View Our Working Process

Work Plan

Let Us Proceed in Three Steps

  • 01

    Submit Your Matter

    Briefly describe the transfer, parties and current stage of partition. Mention any ongoing proceedings or expert report. Let us first identify the work needed.

  • 02

    Let Us Define the Work in Writing

    Let us agree the appropriate review's scope, fee and timetable in writing before starting and share the documents to prepare and records to complete.

  • 03

    Let Us Identify Options and Next Steps

    Let us examine the documents and current calculation and assess an equalisation claim, defence or other options. We will explain gaps to resolve and steps that may advance partition.

Preparing Your Enquiry

Documents You Can Prepare for the Review

Submit Your Matter
  • Certificate of inheritance, death record and known heir details
  • Records of title, vehicle, company share and other transfers
  • Bank movements, payment receipts and loan documents
  • Agreements, correspondence or statements showing the benefit's purpose
  • Records concerning the remaining estate and existing valuation reports
  • Any partition agreement, pleadings and expert report

Frequently Asked Questions

Questions Before Starting

Does every gift to a child count for equalisation?

Not every benefit follows the same rule. Its nature, purpose, size and the deceased's intention are examined. Special provisions on ordinary gifts, education and marriage expenses are assessed separately. A payment alone does not determine the outcome.

Can reduction be sought for a gift excluded from equalisation?

Exclusion from equalisation does not automatically eliminate reduction review. Reserved-share infringement and whether the benefit meets reduction conditions are investigated separately. The appropriate claim is determined through asset calculations and documents.

Can I enquire if I do not have the transfer document?

You may start with available information. Identify the property, transaction or payment date as far as you know. We determine which records are missing and the work within which they may be investigated. Share the current stage of any ongoing proceedings.

Is an initial review or second opinion a paid service?

Yes. Initial reviews and second opinions are paid services. After receiving your matter, we define the appropriate work's scope, fee and timetable in writing before starting. Review of an existing calculation or expert report is also considered within this scope.

Related Inheritance Topics

Estate Partition Action for Reduction Identification of Estate Assets Inheritance Law Working Process

Let Us Examine Earlier Transfers and Partition Calculations Together

Briefly describe the benefit and your file's current stage. Let us agree the work's scope, fee and timetable in writing before starting.

Submit Your Matter