Inheritance Equalization (Hotchpot): Offsetting Gifts in Turkey

Inheritance law aims to ensure fairness among heirs. If the deceased provided significant financial help to one child but not the others while alive, this imbalance must be rectified after death. In legal terms, this is called “Inheritance Equalization” (Mirasın DenkleÅŸtirilmesi or Hotchpot).

1. Which Gifts are Subject to Equalization?

Under TCC Article 669, uncompensated gains (gifts) received by legal heirs from the deceased on account of their inheritance share must be returned to the estate.

• Dowry: Large sums of money or property given for marriage.
• Business Capital: Money or shops given to a child to start a business.
• Debt Payment: The father paying off a child’s significant debt.
• Property Transfer: Title deeds transferred for free (donation/hibe).

2. How is Equalization Done?

During the sharing of the estate, the heir who received the gift has two options:

1. Return in Kind: Return the property (e.g., the house) to the estate pool for redistribution.
2. Offsetting: Keep the property, but have its value deducted from their inheritance share. (e.g., If they received a 1M TL house and their share is 800k TL, they pay back 200k TL).

3. Exemption from Equalization

If the deceased explicitly stated while giving the gift, “Do not count this towards inheritance, this is an extra gift,” (e.g., in the title deed remarks or a will), then that property is exempt from equalization. (However, “Tenkis” rules still apply if it violates the reserved portion).

FAQ

Are school fees subject to equalization? No. Reasonable expenses for the education and training of children are not subject to equalization. However, extravagant expenses may be debated.

Legal Support: We handle disputes between siblings regarding unfair distribution of family assets.

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