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Inheritance Law · Disinheritance

Learn Your Options in Relation to Disinheritance

If a will disinherits you or you are considering such a disposition, its conditions must be addressed with the documents and events. We examine the clause, factual grounds and heirship and provide a written assessment of objections, reserved shares and other options. To start, briefly describe the existing clause or intended disposition and important dates known to you.

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?

  • You Were Disinherited by a Will

    The will contains serious allegations against you. You want to understand their effect on your share, which allegations you may challenge and what must be examined first.

  • You Object to the Stated Reason

    You believe the event did not occur or happened differently. You want to assess how correspondence, witnesses and existing files relate to the allegation.

  • You Are Considering a Disposition

    You wish to exclude an heir because of family events. First, you want to understand the legal conditions, how the reason should be established and its effects on descendants.

Legal Framework

Disinheritance Grounds and Unworthiness to Inherit Are Examined Separately

TMK Art. 510 permits disinheritance of a reserved-share heir by testamentary disposition on two grounds: a serious offence against the deceased or a close person; or substantial failure to fulfil family law obligations towards the deceased or their family. Whether the alleged event falls within these grounds is examined. Unworthiness under TMK Art. 578 rests on separate statutory grounds and does not depend on the deceased making a disinheritance disposition. We therefore do not treat them as the same claim.

Stating and Proving the Reason Changes the Outcome

The deceased must state the ground in the disposition. If the disinherited heir objects, the heir or legatee benefiting from disinheritance must prove it. If no reason is stated or proved, the disposition generally operates outside the reserved share. An obvious mistake concerning the ground is assessed separately (TMK Art. 512). We therefore do not assume every objection invalidates the whole will; we determine the scope of the claim and evidence together.

The Disinherited Person's Share and Their Children's Position Differ

Valid disinheritance prevents the person from receiving a share or bringing reduction proceedings. Unless the deceased disposed otherwise, the share passes to the person's descendants as if they had predeceased, or, without descendants, to the deceased's statutory heirs. Descendants may also claim their own reserved shares on that assumption (TMK Art. 511). Challenges to validity and the children's rights are addressed separately. Family records and the entire disposition matter.

A Special Rule Applies to Insolvency

TMK Art. 513 permits protective disinheritance of half the reserved share of a descendant subject to a certificate of unpaid debts. That half must be reserved for their existing and future children. Merely owing debts is different. At the opening of succession, the certificate's effect and the debt's proportion to half the inheritance share also matter; annulment at the disinherited person's request may arise under statutory conditions. We examine the certificate and calculations together.

Mention the date if you received notice of the will's opening or proceedings. The type of claim is examined separately for time limits alongside knowledge and notification information.

Reference Sources

Turkish Civil Code Disinheritance Grounds and Proof Descendants and Parties Enacted Text of the Law

File Review

What Do We Examine in Your Matter?

  • 01

    We Read the Will and Disinheritance Clause

    We examine the reason stated, entire disposition and other benefits. We do not draw conclusions from one sentence; we identify capacity or form matters requiring further investigation.

  • 02

    We Compare Events with Evidence

    We arrange allegations chronologically and assess correspondence, witness information, criminal or civil files and the other party's explanations together. We identify unsupported allegations and missing records.

  • 03

    We Identify Shares and Parties

    We investigate heirship, reserved shares and the disinherited person's descendants. We assess who benefits and against whom a possible claim should be directed according to the file.

View Our Working Process

Work Plan

Let Us Proceed in Three Steps

  • 01

    Submit Your Matter

    Briefly explain whether you face a disinheritance clause, important dates and any ongoing proceedings. Detailed documents are unnecessary at first; let us first assess whether the matter falls within our practice.

  • 02

    Let Us Define the Work in Writing

    After assessing suitability, let us agree the required review's scope, fee and timetable in writing before work begins. We will then share the document list and how to send them.

  • 03

    Let Us Explain Options and Priorities

    Let us examine the documents within the agreed scope and assess objections, reserved shares or options for preparing a disposition. We will explain records to complete, uncertainties and next steps.

Preparing Your Enquiry

Documents You Can Prepare for the Review

Submit Your Matter
  • The entire will or other disposition containing the disinheritance clause
  • The will-opening file and relevant service records
  • Any certificate of inheritance, death and family records
  • Correspondence and witness information concerning the ground
  • Relevant criminal or civil file numbers and decisions
  • The certificate of unpaid debts and debt records if insolvency is alleged

Frequently Asked Questions

Questions Before Starting

Can I object if the will says I am disinherited?

The clause is the starting point of review. The reason, evidence and validity are assessed. An unproved reason, no stated reason and obvious mistake may have different consequences. We do not promise recovery of the entire share without seeing your file.

Does my disinheritance also exclude my children?

The disinherited person's position and that of their descendants differ. TMK Art. 511 separately governs devolution of the share and descendants' reserved shares. The deceased's other dispositions and family records must be examined together.

Must I send every document in the first message?

No. First, briefly state the matter, current stage and important dates. After assessing suitability, we define the review scope in writing and share the documents and transmission method. Specifically mention any service date.

Is an initial review or second opinion a paid service?

Yes. Initial reviews and second opinions are paid services. After your brief enquiry, we clarify the appropriate work's scope, fee and timetable in writing before starting. The review explains options and uncertainties affecting the assessment.

Related Inheritance Topics

Annulment of a Will Action for Reduction Certificate of Inheritance Inheritance Law Working Process

Let Us Assess the Ground and Your Options

Briefly describe your matter, file stage and important dates. After assessing suitability, let us agree the work's scope, fee and timetable in writing before starting.

Submit Your Matter