Reserved Share and Abatement Lawsuit: Protection of...
Summary: 'Freedom of Ownership' is not unlimited in heritage law. Lawmaker introduced 'Reserved Share' rule to prevent testator (Muris) from depriving closest re...
“Freedom of Ownership” is not unlimited in heritage law. Lawmaker introduced “Reserved Share” rule to prevent testator (Muris) from depriving closest relatives (Spouse and Child) completely from inheritance. Muris can only donate the part of property remaining outside reserved share (Disposable Portion) as they wish.
1. Who Has Reserved Share?
Not every heir has reserved share. (For example reserved share of siblings was removed in 2007).
| Heir | Legal Inheritance Share | Reserved Share Rate |
|---|---|---|
| Descendants (Children/Grandchildren) | All of inheritance (or 3/4) | 1/2 (Half) of legal share |
| Mother - Father | Heir in 2nd Group | 1/4 (Quarter) of legal share |
| Surviving Spouse | Changes according to situation | All (with Descendants) or 3/4 (with Others) of legal share |
2. Abatement Lawsuit (Reduction Lawsuit)
If Muris violated your reserved share by writing will or donating while alive; you can apply to court and say “Give back enough property to complete my reserved share”. This is called Abatement Lawsuit.
- Cancelled starting from latest donations backwards.
- Donations made for public benefit (Red Crescent etc.) can sometimes be protected even if violating reserved share.
3. Filling Period (Forfeiture)
Abatement lawsuit must be filed within 1 year from date you learned reserved share violation, in any case within 10 years from opening of inheritance. If you miss this period your right burns.
Frequently Asked Questions
Q: My father rejected me from adoption, does my reserved share go? A: “Disinheritance” (Exheredatio) conditions in Civil Code are very heavy (Attempting on life, committing heavy crime etc.). Cannot deprive from inheritance (and reserved share) just by saying “ungrateful child”, not meeting. Even if written in will, you take your share with abatement lawsuit.
Legal Support: You can contact us for reserved share calculation and abatement lawsuit petition.
Professional Legal Support
Contact us for professional legal assistance on this matter.
📞 Call Now: +90 554 192 47 20
📧 Email: info@avukatfevziyaskir.com
📠Address: Opposite the Courthouse, Karatay/Konya, Turkey
âš–ï¸ Attorney Fevzi YaÅŸkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.
Expert Legal Support
Need professional legal advice regarding Reserved Share and Abatement Lawsuit: Protection of...? We are here to protect your rights and manage the process correctly.
Related Articles and Links
These links are suggested for additional information related to your topic
Att. Fevzi Yaşkır
Founding Attorney
Fevzi Yaşkır, registered with the Konya Bar Association, practices in Criminal Law, Family Law, Labor Law, and Enforcement Law. He is committed to defending his clients' rights at the highest level.