The Reserved Portion (Saklı Pay) and Tenkis Lawsuit in Turkey

Summary: In Turkey, you cannot completely disinherit your children. Learn about the 'Reserved Portion' (Saklı Pay) and how to file a 'Tenkis' lawsuit to recover it.

A common misconception among foreigners is that they can write a Will in Turkey saying “I leave everything to my favorite child.” In Turkish Law, this is impossible.

[!NOTE] 💡 Cultural Context: Family Protection First

Unlike Common Law countries (UK/USA) where “Freedom of Disposition” is absolute, Turkish Law (Civil Law) prioritizes family unity. The law creates a “Protected Zone” called the Reserved Portion (Saklı Pay) for close relatives. Even if the deceased hated you, they cannot legally strip you of this minimum guaranteed share.

1. What is the Reserved Portion?

The Reserved Portion is a fraction of your statutory inheritance share that must be given to you. The deceased can only do what they want with the remainder (Disposable Portion).

Who is Protected? (TMK Art. 506)

Not everyone has this protection. Since 2007, siblings no longer have a reserved portion.

Heir Type	Statutory Share	Reserved Portion Rate
Children (Descendants)	Varies (e.g., 75%)	1/2 of their Statutory Share
Spouse	Varies (e.g., 25%)	All (if with children) or 3/4 (others)
Parents	If no children	1/4 of their Statutory Share

⚖️ Legal Reference: Civil Code Art. 506 “The reserved portion is… half of the statutory share for descendants.”

2. The Tenkis Lawsuit (Reduction Action)

If the deceased gave away more than they were allowed (violating your reserved portion) via a Will or Gifts made during their lifetime, you file a Tenkis Lawsuit.

Goal: To “Reduce” the gifts/wills back to the legal limit.
Target: The person who received the extra money (even if it’s a charity or another sibling).
Result: The court forces them to return the excess amount to the estate.

3. Critical Deadlines

Like all inheritance matters, speed is key.

1 Year: From the date you learned about the violation of your reserved portion.
10 Years: From the date of death.

If you miss these deadlines, the excessive gifts become valid forever.

FAQ: Can I Be Disinherited?

Yes, but it is extremely difficult. Disinheritance (Iskat) requires a specific “Negative Will” citing that the heir committed a grave crime against the deceased or their family. Simple estrangement or “not calling enough” is not valid grounds for disinheritance.

Conclusion

The “Tenkis Lawsuit” is mathematically complex. It requires an expert calculation of the entire estate’s value at the time of death vs. time of the gift.

Konya Inheritance Attorney

We helps rightful heirs reclaim their guaranteed inheritance through Tenkis litigation. We protect your legacy against unfair wills and hidden asset transfers.

📞 Inheritance Dept: +90 554 192 47 20

📧 Email: fevziyaskir@gmail.com

📍 Address: Nişantaş Mah. Vatan Cad. No:12/1 Selçuklu/KONYA

⚖️ Av. Fevzi Yaşkir

[!IMPORTANT] Need Expert Help?

Attorney Fevzi Yaskir and his team provide professional legal representation for foreign clients in Turkey. Contact us today for a consultation regarding your case.