Mr. H.T., whose wife passed away years ago, draws up a will in the presence of a notary shortly before his death. Following his death, his two legal heirs (daughter A.T. and son B.T.) face a great shock when they open the will at the Civil Court of Peace.

In his will, Mr. H.T. clearly stated that he donated two apartments registered in his name and all the cash in the bank (i.e., his entire estate) to an animal protection foundation, leaving nothing to his children.

Thinking they have completely lost their inheritance rights in the face of this unilateral disposition of their father, children A.T. and B.T. consult a lawyer.

Legal Evaluation This case brings up the institution of “reserved portion” (mahfuz hisse), which regulates the balance between “freedom of will” and “protection of legal heirs.”

1. Is Freedom of Will Unlimited? The Turkish Civil Code (TMK) grants individuals the right to dispose of their assets after their death (freedom to draw up a will). However, this freedom is not unlimited. The law has protected the rights of the closest legal heirs under the name “reserved portion.”

2. Who Are Heirs with Reserved Portions? In this case, A.T. and B.T., who are the children (descendants) of the deceased, are legally in the status of “heirs with reserved portions.” (Under current law, the surviving spouse and parents are also heirs with reserved portions in certain cases).

3. Calculation of “Reserved Portion” and “Disposable Portion”

  • Legal Inheritance Share: If there were no will, A.T. and B.T. would receive the entire inheritance (1/2 share each).

  • Reserved Portion Rate (TMK Article 506): The reserved portion for children (descendants) is half (1/2) of the legal inheritance share.

  • Calculation:

    • A.T.’s Legal Share: 1/2 -> A.T.’s Reserved Portion: Half of (1/2) = 1/4

    • B.T.’s Legal Share: 1/2 -> B.T.’s Reserved Portion: Half of (1/2) = 1/4

  • Legator’s Disposable Portion: The total reserved portion of the two children (1/4 + 1/4 = 1/2) is half of the estate. This means Mr. H.T. could freely dispose of only the remaining other half (50%) of his assets via a will. This free area is called the “disposable portion” (tasarruf nisabı).

4. Violation (Infringement) By donating all (100%) of his assets to the foundation instead of 50%, Mr. H.T. violated (infringed upon) his children’s 50% reserved portion right.

Legal Result and Solution Method: “Lawsuit for Reduction” A.T. and B.T. cannot have their father’s will “cancelled” because the will was made in accordance with the formal conditions in the presence of a notary and is valid. However, they can have the part violating their reserved portions “reduced” (tenkis).

  • Lawsuit: The children must file a “Lawsuit for Reduction” (Tenkis Davası) against the foundation in the Civil Court of First Instance.

  • Purpose of the Lawsuit: This lawsuit aims not to invalidate the will, but to reduce the donation made to the foundation to the limit the legator could freely dispose of (50%) and to give the 50% portion, which is their reserved portion, to themselves.

  • Time Limit: This lawsuit must be filed within 1 year from the date they learned that their reserved portions were violated.

Probable Result The court will calculate the total value of the estate (two apartments and money) through an expert. Let’s say the total value is 10,000,000 TL.

  • The court will rule that the total reserved portion of the children is 5,000,000 TL (1/2).

  • It will decide to limit the donation made to the foundation to 5,000,000 TL (disposable portion), not 10,000,000 TL.

  • As a result, the value of the estate will be shared between A.T. and B.T. (total 50%) and the foundation (50%).

Conclusion and Advice A will is an important tool for inheritance planning, but “reserved portion” rules are an indication of the importance the law attaches to family ties. The legator cannot completely deprive their closest relatives of inheritance. If you think your legal inheritance right has been violated by a will, it is critical to remember that you have the right to file a “lawsuit for reduction” and that this right is subject to a 1-year forfeiture period.