Reserved Share and Abatement Claim: Protecting an Heir's Right

What Is an Action for Abatement of a Reserved Share?

An action for abatement of a reserved share (tenkis davası) is the action brought where the deceased, by dispositions upon death or by certain inter vivos transfers, has infringed the share that the law protects for heirs entitled to a reserved share (saklı pay). The action does not result in the annulment of the disposition that infringes the reserved share; it secures the reduction (abatement) of that part of it which exceeds the statutory limit.

What Is the Reserved Share?

Under article 505 of the Turkish Civil Code no. 4721 (TMK), the reserved share is the slice of the inheritance that the law sets aside for certain close relatives and that the deceased cannot remove even by a disposition upon death. The deceased is free to dispose as they wish of the part of the estate that falls outside the reserved shares.

This rule exists in order to prevent family members from being deprived of the inheritance altogether. Where there is no heir entitled to a reserved share, the deceased may dispose freely of the whole of their assets. Where there is such an heir, that person’s share cannot be reduced even by a will or a contract of succession; if it has been reduced, the shortfall is made good through an action for abatement.

The institution of the reserved share is aimed not at preventing heirs from being excluded altogether, but at protecting a certain minimum share. In the part falling outside the reserved share, the deceased may make a transfer to any person they choose (whether an heir or not); that transfer may take the form of a will, a contract of succession or, in some cases, an inter vivos transaction. Where a transfer has been made that leaves an heir below the reserved share ratio, the heir entitled to a reserved share may have the shortfall made good by bringing an action for abatement; until the action is brought, however, the disposition remains valid and does not become void of its own accord.

Who Are the Heirs Entitled to a Reserved Share and What Are the Ratios?

Under TMK m. 506 (Law no. 4721), the heirs entitled to a reserved share are the descendants, the parents and the surviving spouse. The reserved share ratio is a given fraction of the heir’s statutory inheritance share; the reserved share for siblings was abolished by the amendment made in 2007, and siblings are no longer treated as heirs entitled to a reserved share.

In the system of statutory succession the classes (zümre) of heirs matter: the descendants form the first class, and the parents and their descendants the second. Where there is an heir in one class, those in the following class as a rule cannot inherit; this also directly affects the calculation of the reserved share. For example, where the deceased has a child, the mother and father cannot be statutory heirs and therefore cannot acquire the status of heir entitled to a reserved share.

Table of Reserved Share Ratios

How Are Reserved Share Ratios Calculated?

Calculating the reserved share requires first determining the heir’s statutory inheritance share and then applying the reserved share fraction to that share. The statutory share in turn varies according to the number of the other surviving heirs and the order of the classes. In order to calculate the shares correctly in a particular file, the inheritance share calculation tool may be used for preliminary information; a definitive result requires an assessment based on the file itself.

In calculating the reserved share, account is taken not only of the assets existing at the date of the deceased’s death but also of inter vivos transfers subject to abatement, which are added back to the estate. The calculation therefore requires the assets and debts of the estate to be determined first, and the transfers subject to abatement then to be added to the estate. Each heir’s statutory share, and the reserved share fraction of that share, are calculated on the resulting figure. In practice this calculation may require an expert examination because of the valuation of immovables and the differences between the date of the action and the date of the deceased’s death.

Whether transfers made by the deceased during their lifetime were in truth aimed at concealing assets from the estate is a separate matter in dispute; on this point we address the subject in more detail in our article on collusion by the deceased in an action for annulment of the title deed and re-registration. For the calculation of the same inheritance share you may also make use of our inheritance share calculation tool.

What Is an Action for Abatement and When Is It Brought?

Under TMK m. 560 (Law no. 4721), heirs who do not receive the value of their reserved shares may sue for the abatement of dispositions of the deceased that exceed the portion of which they were free to dispose. Abatement means not that the disposition is treated as wholly invalid, but that the part exceeding the reserved share is reduced; the action arises after the succession has opened, where the reserved share has been infringed.

For an action for abatement to be brought, the deceased must have made a disposition exceeding the reserved share, and the heir must, because of that disposition, not have received the value of their reserved share. The action may be brought after the succession has opened (that is, after the death of the deceased); no subject matter for an action for abatement arises while the deceased is alive.

Before an action for abatement is brought, it must be established whether the heir’s reserved share has in fact been infringed. For this purpose the estate is first determined, all the assets and liabilities as at the date of the deceased’s death are set out, and the transfers subject to abatement are then added to that picture. The amount of the reserved share is calculated on the resulting figure and compared with the amount the heir has actually received (or should have received). The difference between the two constitutes the subject matter of the action for abatement.

Which Transfers Are Subject to Abatement?

TMK m. 565 (Law no. 4721) makes certain inter vivos transfers, as well as dispositions upon death, subject to abatement. These include transfers made to persons who have lost the status of heir, dowries and start-up capital going beyond the customary, gifts made with a reserved right of revocation, and transfers plainly made with the aim of rendering the rules on the reserved share ineffective.

Customary gifts made in the ordinary way within the year preceding the death of the deceased do not fall within this scope and are not subject to abatement. Transfers made with the aim of liquidating inheritance rights before death are likewise within the scope of abatement.

For example, where during their lifetime the deceased gave one child start-up capital markedly greater than that given to the other children, or transferred an immovable at a low price and thereby in effect made a gift of the difference, that may be regarded as a transfer subject to abatement. In transactions of this kind the character of the transfer (whether it was a genuine sale or a disguised gift) is examined separately in the light of the evidence in the particular case.

How Is the Order of Abatement Applied?

Under TMK m. 570 (Law no. 4721), abatement is made first from dispositions upon death until the reserved share is made up; if that is not sufficient, abatement is applied to inter vivos transfers, working backwards from the most recent to the oldest. Transfers to public legal persons and to institutions serving the public benefit are subject to abatement last in the order.

What Does the Outcome of an Action for Abatement Give the Heir?

Where an action for abatement is allowed, the person who benefited from the disposition exceeding the reserved share becomes obliged to return the amount needed to make up the reserved share. Under TMK m. 566 (Law no. 4721), a recipient acting in good faith is liable to return only the part remaining in their hands, whereas a recipient acting in bad faith is held liable under the provisions governing possessors in bad faith.

In practice abatement mostly results in a monetary claim or in the partial return of a share in an immovable; where the immovable cannot be divided in kind, abatement may be effected on the basis of value. Where a recipient is subject to abatement in respect of a transfer obtained under a contract of succession, they may claim the return, in proportion to the abatement, of the counter-performance they provided to the deceased. Since these points may vary according to the specific facts of the file, it is common practice for the calculation to be carried out with the support of a court-appointed expert.

Where more than one disposition or transfer is the subject of abatement, the court assesses each of them separately and applies the reduction in order until the reserved share is made up. Where there is more than one recipient, the action must therefore be directed correctly against all those concerned and the amount of abatement falling on each of them must be determined separately.

Time Limit for Bringing an Action for Abatement (Forfeiture Periods)

Under TMK m. 571 (Law no. 4721), the right to bring an action for abatement is extinguished one year from the date on which the heirs learn that their reserved shares have been infringed, and in any event ten years after the date on which the will was opened or, in the case of other dispositions, after the date on which the succession opened. Whichever of these two periods expires first, the right to bring the action ends on that date.

These periods are not statutes of limitation (zamanaşımı) but forfeiture periods (hak düşürücü süre); that is, the court takes them into account of its own motion. When the date of knowledge began is a matter of argument in most cases; the date on which knowledge was acquired in the particular case must therefore be assessed separately in the light of the evidence in the file. As an exception provided for by the Code, where abatement is raised by way of a defence (def’i) in an action, it may be raised at any time without being subject to a time limit.

The ten-year outer limit begins to run irrespective of when the heir learned of the disposition, and once that period has expired the right to bring the action as a rule can no longer be exercised. Where the annulment of one disposition results in an earlier disposition taking effect again, the periods begin to run afresh from the date on which the judgment of annulment became final. Because these periods are short and operate as forfeiture periods, it is important that a legal assessment be made without delay once it is learned that the reserved share has been infringed.

For those considering renouncing the inheritance altogether, our article on the time limit and procedure for renouncing an inheritance sets out a different legal route; whereas the reserved share and the action for abatement involve remaining part of the succession, renunciation of the inheritance brings the status of heir to an end altogether.

The Difference Between Concealing Assets from the Estate (Collusion by the Deceased) and an Action for Abatement

Concealing assets from the estate, known in practice as “collusion by the deceased” (muris muvazaası), refers to cases in which the deceased transfers an asset that they in truth wished to give away, presenting the transfer as a sale in order to conceal the asset from an heir. In that situation the action, unlike abatement, is an action for annulment of the title deed and re-registration based on a claim of collusion (a simulated transaction).

The decision of the Yargıtay (the Court of Cassation) General Assembly on the Unification of Case Law dated 01.04.1974, E. 1974/1, K. 1974/2, recognised the right of all heirs, whether or not entitled to a reserved share, to bring an action on the ground of collusion where registered immovables have been transferred collusively with the aim of concealing assets from an heir. In an action for abatement, by contrast, only heirs entitled to a reserved share may sue, and the subject matter of the action is the reduction of that part of a valid disposition which exceeds the reserved share; in collusion, on the other hand, it is asserted that the whole transaction is invalid.

In a single case the conditions for both collusion and abatement may be argued at the same time; which type of action is to be brought must be determined on the facts of the particular file, according to the character of the transfer and the evidence. In a claim of collusion the action may be brought by all statutory heirs, including those not entitled to a reserved share, whereas in an action for abatement the right to sue belongs only to heirs entitled to a reserved share. Moreover, since in collusion the limitation period may be subject to rules different from those governing abatement, it is important not to confuse the two institutions.

How Is an Action for Abatement Brought? (Courts with Subject-Matter and Territorial Jurisdiction)

The court with subject-matter jurisdiction in an action for abatement is the civil court of first instance, which hears disputes relating to assets. Under TMK m. 576 (Law no. 4721), the court with territorial jurisdiction is that of the deceased’s last place of residence at the date of death. The action is brought in that court by the heir whose reserved share has been infringed, against the person who benefited from the disposition.

The defendant is the person or persons who benefited from the disposition subject to abatement; where there is more than one recipient, an action may be brought against each of them separately. The statement of claim must set out clearly the reserved share ratio, the heir’s statutory share and the disposition subject to abatement, and where necessary the value of the assets must be determined as at the date of the deceased’s death by means of an expert examination. Since the process may involve complex technical calculations, it may be helpful to have the file assessed with a lawyer working in the field of inheritance law; you may obtain information about our inheritance law practice area in this connection.

In the course of the proceedings a certificate of inheritance (veraset ilamı) is generally obtained first, the estate is then determined, and the relevant documents are submitted to the file according to the type of disposition subject to abatement (a will, a contract of succession or an inter vivos transfer). Where immovable property is involved, the land registry records may be requested, and where bank accounts are involved, the account movements. The court may appoint an expert in order to carry out the reserved share calculation; the expert report is open to objection by the parties, and the final decision is given by the judge.

For the action to be brought, the court fees and expenses determined according to the value of the claim must also be paid. You may reach our articles on other topics in inheritance law from our blog page.

Illustrative Example

The following example is entirely fictitious and does not represent any actual case or person; it has been prepared solely to help explain the subject.

A deceased person left the greater part of their assets to a single child by a will prepared before their death, while the other two children were left with an amount far below their statutory shares. The will was opened at the civil court of peace some time after the succession opened, and the heirs learned the content of the disposition on that date.

The two children whose reserved shares had been infringed brought an action for abatement within the one-year period running from the date of knowledge, seeking the calculation of the amount of the reserved share falling to them and the reduction of the transfer made by the will by that amount. In the course of the proceedings the court had an expert examination carried out in order to determine the value of the estate at the date of the deceased’s death, and the amounts of the reserved shares were calculated in line with that report. As in this example, since the starting point of the period and the calculation of the reserved share may vary from file to file, every case must be assessed on its own facts.

Another matter that may arise together with an action for abatement is a claim for the participation claim arising from the liquidation of the matrimonial property regime; a spouse’s inheritance right and the participation claim rest on different legal bases and must be assessed separately. For the court fees and expenses payable during the proceedings you may use our court fee calculation tool. You may reach the current text of the Turkish Civil Code, on which the reserved share ratios are based, from the legislation page of the TBMM (the Grand National Assembly of Turkey); and you may research the decisions of the Court of Cassation on the subject through the Yargıtay Karar Arama (the Court of Cassation case-law search system).

In determining the rate of interest to run on the amount to be returned to the heir as a result of an action for abatement, our article on statutory interest and default interest rates may serve as a guide. Where one of the heirs entitled to a reserved share is a foreign national, the rules on the acquisition of immovable property in Turkey by foreigners must also be assessed separately in relation to the transfer of immovables within the estate to that heir.

What Will the Other Side Do?

In reserved share and abatement cases the other side (the person who benefited from the disposition out of the estate) also has its own legal strategy, and being prepared in advance for that strategy largely determines how the case will proceed.

The defence that the disposition does not infringe the reserved share. The other side may argue that the deceased remained within the limits of their freedom of disposition and that the reserved share has not been infringed. This argument is met by having the true value of the estate at the date the succession opened fully established through an expert examination, and by recalculating the reserved share ratio on that value.

The defence that the action is time-barred. It may be argued that the one-year period running from knowledge, or the absolute ten-year period, has expired. This defence is met by documenting the dates of the service, publication or correspondence bearing on when it was learned that the reserved share had been infringed.

The defence that the asset given falls within the scope of a customary gift. It may be argued that gifts made in the ordinary way within the year preceding the death are not subject to abatement. This argument is met with witness evidence and documents concerning the value of the gift, the circumstances in which it was given and the traditional practice within the family.

Objection to the value of the estate. The valuation method used in the expert report may be challenged. In that event a further expert examination is requested, together with a valuation based on comparable sale prices.

Objection to the status of heir. The other side may put in issue the claimant’s status as an heir, or as an heir entitled to a reserved share. This argument is met by clarifying the status of heir through the certificate of inheritance and the civil registry records.

Which defence comes to the fore varies according to the character of the deceased’s dispositions and the documents in the file; it is therefore very important that the evidence be gathered before the action is brought. In particular, supporting the immovable and account records forming part of the estate with documents close in time to the date of the disposition makes it easier to foresee from the outset which defence will come to the fore. To assess in advance which defence your file will meet, you may get in touch.

Frequently Asked Questions

Who may bring an action for abatement of a reserved share?

Only heirs whose reserved share has been infringed (descendants, parents, the surviving spouse) or, in certain conditions, their creditors may bring an action for abatement. Heirs not entitled to a reserved share cannot bring this action.

What is the time limit for bringing an action for abatement?

Under TMK m. 571 (Law no. 4721), the period is 1 year from learning that the reserved share has been infringed and, in any event, 10 years from the date on which the will was opened or the succession in respect of the disposition opened. These are forfeiture periods.

Is an action for abatement the same as an action for annulment of a title deed?

No. An action for abatement secures the reduction of that part of a valid disposition which exceeds the reserved share. An action for annulment of a title deed brought on the ground of collusion by the deceased, by contrast, rests on the claim that the transaction was simulated (collusive) and has a different legal basis.

What is the spouse’s reserved share?

Where the surviving spouse inherits together with the class of descendants or of parents, they have a reserved right over the whole of the statutory inheritance share; where those classes do not exist, the reserved share ratio is 3/4 of the statutory share.

Do siblings have a reserved share?

No. The reserved share provided for siblings was abolished by the legislative amendment made in 2007; siblings are no longer treated as heirs entitled to a reserved share.

In which court is an action for abatement brought?

The court with subject-matter jurisdiction is the civil court of first instance. The court with territorial jurisdiction, under TMK m. 576 (Law no. 4721), is that of the deceased’s last place of residence at the date of death.

Can an action for abatement be brought while the deceased is alive?

No. An action for abatement can be brought only after the succession has opened, that is, after the death of the deceased; no subject matter for such an action arises while the deceased is alive.

Which transfers are placed in order in an action for abatement?

Under TMK m. 570 (Law no. 4721), dispositions upon death are abated first; if that is not sufficient, inter vivos transfers are made subject to abatement, working from the most recent to the oldest.

Is it necessary to obtain a certificate of inheritance before bringing an action for abatement?

In practice a certificate of inheritance showing the status of heir and the share held is generally expected to be included in the case file. That document serves to prove that the claimant is an heir entitled to a reserved share and to establish their statutory share; in a particular file proof may also be possible by other documents.

Table of Time Limits

Sources

• Legislation Information System (mevzuat.gov.tr)
• tbmm.gov.tr
• Yargıtay Karar Arama (the Court of Cassation case-law search system)

Related Articles

• Annulment of the Title Deed and Re-registration: Collusion by the Deceased and Limitation
• Time Limit for Renouncing an Inheritance: Procedure and the Case of an Indebted Deceased
• How Are the Liquidation of the Matrimonial Property Regime and the Participation Claim Calculated?
• Statutory Interest, Default Interest and Advance Interest: The Differences
• Purchase of Immovable Property by Foreigners and the Citizenship Process (2026)
• Delay and Penalty Clauses in a Construction Contract in Return for Flats
• The Best Interests of the Child in Custody: What Does the Court Consider?
• Action to Increase Maintenance: The CPI Rate, the Conditions and the Timing
• Evidence in Contested Divorce: What Can Be Used, What Is Unlawful?

This article is for general information only and does not take the place of legal advice. Your particular situation requires a separate assessment of your file.

This article has been prepared on the basis of the legislation in force as at 17.09.2026.

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