In Turkey, the reserved portion is the inheritance right of certain heirs protected by law. The deceased may dispose of their assets. They may prepare a will, make a gift, or leave assets to certain individuals. However, this freedom is not unlimited. The law regulates the reserved portion system in order to prevent certain close family members from being completely excluded from the inheritance.

The reserved portion is particularly important for individuals who own real estate, bank accounts, company shares, or investment assets in Turkey. Residing in the United Kingdom or any other country abroad does not mean that Turkish inheritance rules will not apply. Where assets are registered in Turkey, inheritance matters are also assessed separately under Turkish law, particularly in relation to movable assets. 

For this reason, the issue of the reserved portion is not only related to inheritance sharing within the family. It is also directly connected to inheritance planning in Turkey, preparing a will, transfer of real estate, procedures involving foreign heirs, and legal representation needs.

Who Is a Reserved Portion Heir?

A reserved portion heir is a person whose certain right in the inheritance is protected despite some actions of the deceased. These persons cannot be rendered completely ineffective by the deceased’s will or by certain dispositions made during their lifetime.

Reserved portion heirs in Turkey generally include the following:

• Descendants: Children, grandchildren, and subsequent generations

• Mother and father: The surviving parents of the deceased

• Surviving spouse: The spouse, in the event of the deceased’s death while the marriage union was continuing

The point that should be noted here is this: Not every legal heir is a reserved portion heir. For example, siblings may in some cases be legal heirs. However, under the current system, they are not protected as reserved portion heirs.

This distinction is even more important for family members living abroad. If any action is to be taken regarding assets in Turkey, it must first be clarified who the heirs are, and then who has a reserved portion right. This stage should be considered together with the process of obtaining a certificate of inheritance in Turkey.

How Are Reserved Portion Rates Determined?

The reserved portion rate is not calculated directly over the entire estate. First, the legal inheritance share of the heir is determined. Then, the part of this share corresponding to the reserved portion is calculated.

The estate is the assets of the deceased at the time of death. This may include real estate, bank accounts, vehicles, company shares, receivables, and in some cases, dispositions made in the past.

For example, if the deceased has two children and no spouse, each child’s legal inheritance share is one-half. For each child, the reserved portion is half of this legal share. In other words, the reserved portion is calculated as one-fourth for each child.

This calculation does not always proceed in a simple way. Especially if there is real estate in Turkey, a bank account in the United Kingdom, company shares in different countries, or asset transfers made in previous years, a more detailed assessment is required.

In Which Situations Is the Right to a Reserved Portion Infringed ?

The right to a reserved portion is infringed when, due to the transactions made by the deceased, the reserved portion heir cannot reach their protected inheritance right.

The most common situations of violation are:

• Leaving the entire estate to one person by will

• Transferring high-value real estate to one child or a third person

• Presenting a donation as if it were a sale transaction

• Transferring company shares to certain persons

• Directing bank assets in a way that excludes one heir

• Reducing the estate through gratuitous transfers made during lifetime

At this point, it is not sufficient to look only at the title deed record or the bank balance. The date of the transaction, its actual value, the intention of the deceased, family relationships, and the general structure of the assets are examined together.

Especially if a transfer of real estate has been made in Turkey, inheritance transactions in the land registry and past transfer records should be checked carefully. A transaction that appears valid on its face may still become a matter of dispute in terms of the reserved portion.

What Rights Does an Heir Have Whose Reserved Portion Has Been Infringed ?

An heir whose reserved portion has been infringed may apply to legal remedies in order to protect their rights. In this situation, the aim is not always to invalidate all transactions. The main purpose is to correct the part that harms the reserved portion.

The main rights of an heir whose reserved portion has been infringed are as follows:

• Requesting the calculation of their reserved portion

• Investigating the values that should be included in the estate

• Having the effects of the will and donations examined

• Filing a reduction action if necessary

• Requesting a return or payment that will complete their reserved portion

What Is a Reduction Action in the Event of a Reserved Portion Infringed ?

A reduction action is a lawsuit filed in order to reduce dispositions that infringed the reserved portion to the extent necessary to complete the reserved portion. This lawsuit does not automatically eliminate every transaction made by the deceased. It focuses only on correcting the part that exceeds the reserved portion.

In a reduction action, the court first evaluates the assets of the deceased, their debts, the donations they made, and the provisions of the will. Then it examines whether the right of the reserved portion heir has actually been harmed.

In practice, a reduction action is shaped around the following questions:

• What assets did the deceased have at the time of death?

• Which assets had previously been transferred to whom?

• Were these transfers genuine sales, or did they have the nature of donations?

• Does the will exceed the reserved portion?

• By how much has the reserved portion been reduced?

For this reason, the process of a reduction action is carried out not only through legal interpretation, but also through document analysis and asset examination.

Against Whom Is a Reduction Action Filed?

A reduction action is filed against the person who benefited from the disposition that infringed the reserved portion. This person may be an heir. It may also be someone outside the family. In some cases, the beneficiary of a will, the person who received a donation, or the person who took over the real estate may be in the position of defendant.

For example, if the deceased transferred a real estate property in Turkey to one of their children shortly before death, the other reserved portion heirs may claim that this transfer infringed the reserved portion. However, not every transfer by itself means a violation. The true nature of the transfer, whether any payment was made, and the purpose of the deceased are evaluated together.

What Is the Time Limit for Filing a Reduction Action?

Time limits are of critical importance in a reduction action. An heir who learns that their reserved portion has been violated must take action within a certain period. Missing the deadline may lead to loss of rights.

1-Year Limitation Period: This period begins from the date on which the heirs with reserved portion rights become aware that their reserved share rights have been infringed.

10-Year Limitation Period: The claim must, in any event, be filed within a maximum of 10 years from the opening of the inheritance (date of death) or, in the case of wills, from the date the will is officially opened.

These time limits are strict limitation periods resulting in forfeiture of rights.

Especially for people living abroad , time management should be approached more carefully. This is because preparing a power of attorney, obtaining an apostille, translation, document procurement, and follow-up of procedures in Turkey may take time.

When making plans, the following documents should be prepared at the earliest stage:

• Identity and passport documents

• Death certificate

• Records showing family relationship

• Information on real estate and bank accounts in Turkey

• A copy of the will, if any

• Apostille and translation documents for foreign documents

At this stage, the issue of inheritance procedures in Turkey for foreigners should also be evaluated separately.

Is It Possible to Remove the Right to a Reserved Portion?

The right to a reserved portion cannot easily be eliminated by the unilateral will of the deceased. In order for a person to be disinherited, the conditions required by law must be met. It is not sufficient merely for the deceased to not want it or for there to be a family dispute.

The reserved portion right generally becomes ineffective in two situations:

• Inheritance waiver agreement: It is made between the heir and the deceased. It must be validly executed.

• Disinheritance: This is only possible if there are serious reasons provided by law.

A common mistake is assuming that oral statements or simple written notes are sufficient. However, these transactions must be carefully prepared in terms of form, reason, and proof. At this point, the validity of the will in Turkey is also particularly important.