Reserved Share
A reserved share is the minimum portion of inheritance protected by law for certain heirs over which the deceased cannot dispose freely.
REDUCTION PROCEEDINGS
Do You Believe Your Inheritance Share Has Been Reduced?
Reduction arises where certain dispositions by the deceased leave a reserved share deficient; not every inequality in inheritance falls within this action. We examine estate and disposition documents, share calculations and dates together and explain potential reduction, missing records and available steps in writing. To start, briefly identify the asset or disposition affecting your share and important dates known to you.
The review is a paid service. We state its scope, fee and delivery timetable in writing before work begins. The litigation outcome cannot be promised in advance; the assessment depends on the particular file.
Not every inheritance inequality calls for reduction proceedings, but every reserved-share claim requires calculation.
Reduction proceedings identify the boundary between the deceased's freedom of disposition and the statutory protection of reserved-share heirs. That boundary is understood by examining estate assets and liabilities, lifetime benefits, gifts, property transfers and valuation principles together, rather than looking only at the will.
A fundamental inheritance risk is misidentifying the remedy. Reduction may be appropriate in some files, while in others collusive inheritance transfers, will annulment, estate identification or title cancellation and registration must be assessed first.
Where there is a will, annulment and reduction must be distinguished carefully. Annulment targets the will's validity; reduction examines whether a disposition accepted as valid infringes reserved shares. For detailed information on this distinction, see What Are Will Annulment Proceedings? .
Before asking ‘How much will I receive?’, the first step is therefore a risk map identifying which disposition should be examined, at what date and value and on which legal basis.
LEGAL FRAMEWORK
What are reduction proceedings?
TMK Art. 560 provides for an heir who has not received their reserved share to seek reduction of dispositions exceeding the disposable portion. Not every gift is reducible; the disposition type and reserved-share calculation are decisive. Turkish Civil Code, Arts. 560, 565 and 571.
Disposable Portion
The deceased may dispose of the portion remaining outside reserved shares. Reduction review seeks to determine whether that boundary was exceeded.
Reducible Dispositions
A will, inheritance agreement, gift, certain lifetime benefits or particular asset transfers may require separate examination for reduction.
The existence of a will does not always require an annulment action.
A will may comply with form requirements and have been made by a person with capacity and free intent. Reduction may nevertheless arise if it infringes reserved shares. Annulment and reduction must therefore be assessed separately in files involving a will.
RISK MAP
Which risks are examined in a reduction file?
Assessment is based on calculating whether the reserved share was actually infringed together with the estate value and dispositions, rather than on heirship alone.
Estate Value
Estate assets and liabilities, immovable property, bank records, company shares, receivables and debts are examined together.
Dispositions
Wills, gifts, property transfers and other asset movements are classified for reduction purposes.
Reserved-Share Calculation
The class of heirs, statutory share, reserved-share rate and disposable portion are assessed together.
Time Limit Risk
Knowledge, opening of the will and opening of the succession dates are checked for forfeiture periods.
Will Risk
If a will exists, its validity and then its effect on reserved shares are examined separately.
Distinguishing Collusive Inheritance Transfers
For transfers registered as property sales, a collusive inheritance transfer or title cancellation remedy may arise instead of reduction.
Valuation
The date and value at which immovable property, company shares and other assets enter the calculation matter.
Potential Defences
The other party's defences concerning a genuine sale, care, consideration, time limits or absence of reserved-share infringement are analysed at the outset.
STRATEGIC ASSESSMENT
Reading the Risks from the Other Party's Perspective
Alongside the reserved-share claim, possible defences on time limits, valuation, genuine sale, care, the nature of a gift and the disposable portion should be assessed from the outset.
Time Limit and Knowledge Objections
The other party may allege that the infringement was known earlier or that the forfeiture period expired. The knowledge date and flow of documents are therefore examined for the particular file.
The Transaction for Consideration Defence
A property or asset transfer may be defended as a sale, care arrangement, debt repayment or other transaction for consideration rather than a gift. That defence is assessed alongside the evidence.
Valuation and Share Calculation
An alleged infringement cannot be clarified without calculating estate value and dispositions. Possible objections to market value, the disposable portion and calculations are mapped from the outset.
LEGAL ROADMAP
How is the reduction process assessed?
The aim is to establish whether reserved shares were actually infringed, which evidence is needed and which remedy should be considered first, rather than merely filing proceedings.
01
Review of the Estate and Dispositions
The certificate of inheritance, estate extent, will, gifts, title transfers and bank records are classified.
02
Reserved-Share and Time Limit Map
Reserved-share heirs, the disposable portion, forfeiture periods and valuation needs are identified.
03
Roadmap and Representation
Reduction, will annulment, collusive inheritance transfer, estate identification and title cancellation options are planned for the particular file.
SERVICE SCOPE
Which matters are considered together on this page?
Assessment Scope
- Identifying the certificate of inheritance and reserved-share heirs,
- Examining estate asset and liability values,
- Classifying wills, gifts and lifetime dispositions,
- Identifying valuation, calculation and forfeiture period risks,
- Distinguishing will annulment from reduction,
- Cross-border documents, powers of attorney and translation procedures.
Risks of Misclassification
- Reduction may actually be needed where the will is thought invalid,
- Collusive inheritance transfers or title cancellation may need assessment instead of reduction,
- Reserved shares may be impossible to calculate before the estate's extent is clear,
- The valuation date or disposition type may be misidentified,
- The forfeiture period may have been missed or become disputed,
- Proceedings based solely on a sense of inheritance inequality may create evidential risk.
RELATED INHERITANCE PAGES
A reduction file is often assessed together with other inheritance remedies.
Guide to Contesting a Will
Validity, capacity, form, time limit and evidence risks.
Annulment of a Will
Will validity and annulment risks.
Identification of Estate Assets
Identifying assets before calculating reserved shares.
A Deceased Person’s Sham Transaction
Suspicious title transfers and apparent sale risks.
Cancellation and Registration of Title
Title transactions affecting inheritance rights.
Estate Partition
How reserved shares affect partition.
Certificate of Inheritance
The certificate of inheritance and party structure.
Handling Inheritance from Abroad
Documents and representation for heirs abroad.
Reserved-Share Calculator
Calculating an initial view of reserved-share effects.
FREQUENTLY ASKED QUESTIONS
Questions about reduction proceedings
Reduction is an inheritance law remedy for assessing whether the deceased's testamentary dispositions or certain lifetime benefits infringe a reserved-share heir's statutory protected share.
Reserved shares may be infringed even if the will is valid. Reduction may then be assessed separately from annulment. If validity is also disputed, annulment and reduction should be examined together.
The deceased may dispose of the portion outside reserved shares. If protected heirs' statutory shares are infringed, potential reduction can be assessed for the particular file.
The right to bring reduction proceedings must be exercised within one year of learning that the reserved share was infringed and, in any event, within ten years from opening of the will for wills, or opening of the succession for other dispositions. The calculation must be examined separately for the particular file.
No. A collusive inheritance transfer particularly concerns whether a transaction registered as a sale reflects the actual intention. Reduction examines whether reserved shares were infringed. The appropriate route must be assessed separately for the particular file.
Powers of attorney, apostilles, translations, obtaining documents and remote meetings may be planned for heirs living abroad according to the file's nature.
Send Your Reserved-Share Question
Briefly explain which disposition affects your share and when you learned of it. We will agree the review scope, fee and timetable in writing.