Disinheritance Under Turkish Law: Conditions and Rules

Most people assume that close relatives — children, parents, a spouse — will automatically receive their share of an estate when a loved one dies. Under Turkish law that assumption is largely correct, but there is one significant exception: disinheritance. Known in Turkish as mirasçılıktan çıkarma or ıskat, disinheritance allows a testator to strip a forced heir of their inheritance rights, provided strict legal conditions are met. If you have family ties to Turkey or assets here, understanding how disinheritance works — and when it can be undone — is essential.

Who Can Be Disinherited?

Not every heir can be disinherited. Turkish law draws a sharp distinction between ordinary heirs (who receive whatever the testator leaves them) and forced heirs — those with a legally protected minimum share called a saklı pay (reserved share). Under the Turkish Civil Code (Türk Medeni Kanunu), disinheritance is only available against forced heirs.

Forced heirs in Turkey include the testator's descendants (children, grandchildren), parents in the absence of any descendants, and the surviving spouse. Because their reserved share is guaranteed by law, a testator cannot simply ignore them in a will — at least, not without invoking one of the two specific grounds for disinheritance. If you are buying property in Antalya or transferring assets to Turkish heirs, knowing who holds forced-heir status affects every estate-planning decision.

The Two Grounds for Disinheritance

Turkish law is strict about this: disinheritance is only valid if at least one of two grounds exists, as set out in Article 510 of the Turkish Civil Code.

Ground 1 — Serious crime. The heir must have committed a serious crime (ağır suç) against the testator or against one of the testator's close relatives. The crime does not need to result in a criminal conviction before the disinheritance can be written into a will, but its existence will need to be proven if the disinheritance is later challenged in court.

Ground 2 — Serious neglect of family obligations. The heir must have seriously (önemli ölçüde) failed to fulfil the obligations that family law places on them towards the testator or towards members of the testator's family. This ground covers scenarios such as abandonment, persistent refusal to provide care to an elderly parent, or extreme failure to maintain basic family ties.

Neither vague displeasure nor ordinary family tension is enough. Courts assess both grounds strictly. An heir cannot be disinherited simply because the testator disapproved of their lifestyle or profession.

Formal Requirements: How Disinheritance Must Be Made

Disinheritance is a formal legal act. It cannot happen informally or through verbal instructions. The testator must make it through a testamentary disposition — either a properly executed will (vasiyetname) or an inheritance contract (miras sözleşmesi). Both forms carry their own execution requirements under Turkish law.

Critically, under Article 512 of the Turkish Civil Code, the reason for disinheritance must be explicitly stated in the disposition itself. A blanket statement such as "I disinherit my son" without giving a reason is insufficient on its own. If no reason is stated, the disinheritance may be treated as only partially effective — the heir's share is reduced to their reserved portion rather than eliminated entirely.

Foreigners who draft wills abroad should be aware that if the will is to have effect over Turkish assets, its contents — including any disinheritance clause — must still comply with Turkish law. A properly drafted will for foreigners in Turkey is therefore an important starting point for any estate plan involving Turkish property.

What Happens to the Disinherited Person's Share?

Once disinheritance takes effect, the consequences are far-reaching. Under Article 511 of the Turkish Civil Code, a disinherited person:

• Loses the right to receive any inheritance share.
• Cannot file a tenkis (reduction) claim to recover their reserved share.
• Is treated, for inheritance purposes, as though they predeceased the testator.

The disinherited person's inheritance share does not simply vanish. Unless the testator directed otherwise, it passes to the disinherited person's own descendants — children or grandchildren — as if the disinherited person had died before the testator. Those descendants can still claim their reserved portion of that share. If the disinherited person has no descendants, the share passes to the testator's other legal heirs. Understanding how reserved shares work in Turkish inheritance law is therefore directly relevant to anyone affected by a disinheritance clause.

Challenging a Disinheritance

Disinheritance is not unassailable. A disinherited heir may contest it in court by showing that:

• The stated reason never actually existed (the act did not happen or was not serious enough to qualify).
• The testator was under a clear mistake of fact when writing the disinheritance — for example, they believed the heir had committed an act that the heir can prove never occurred.
• The disinheritance was not properly recorded in a valid testamentary disposition, or no reason was given.

When the heir objects, the burden of proving the reason shifts to the person who benefits from the disinheritance, under Article 512 of the Turkish Civil Code. This means the beneficiary — not the disinherited person — must demonstrate that the stated ground was real. If they cannot, the court will not uphold the full disinheritance; the heir's share will instead be reduced to their reserved portion. Heirs who disagree with a rejection of their claim can also explore other inheritance-related remedies available in Turkey.

A Special Form: Protecting an Insolvent Heir's Children

Article 513 of the Turkish Civil Code creates a second, distinct type of disinheritance that is less about punishment and more about protection. If a descendant has an official certificate of insolvency (borç ödemeden aciz belgesi), the testator may disinherit that descendant from half of their reserved share — but only if that half is earmarked for the insolvent heir's own children.

The reasoning is straightforward: the testator wants to ensure their grandchildren receive something rather than having the assets absorbed by their insolvent parent's creditors. If by the time the estate is distributed the insolvency certificate is no longer in force, or the debts it covered are less than half the heir's share, the disinheritance may be cancelled at the heir's request.

Frequently Asked Questions

Q: Can a testator disinherit a spouse in Turkey?

A spouse in Turkey is a forced heir with a reserved share. Disinheriting a spouse is possible but requires one of the two grounds under Article 510 of the Turkish Civil Code. Courts apply these grounds strictly, and a spouse who is disinherited has the right to challenge it.

Q: Does disinheritance mean the grandchildren get nothing?

No. When a person is disinherited, their own children (the testator's grandchildren) step in as if the disinherited person had predeceased. Those grandchildren can still claim their own reserved share from the inherited pool.

Q: Can the reason for disinheritance be proved after the testator has died?

Yes. The person who benefits from the disinheritance must prove the stated reason even after the testator's death. Documentary evidence, witness testimony, and criminal records are all relevant. The court weighs the evidence and decides whether the ground was genuine.

Q: What happens if the disinheritance clause is in a foreign will?

If a foreign will contains a disinheritance clause affecting Turkish assets, Turkish courts will examine whether the conditions under Turkish law are met. The clause does not apply automatically. Legal advice in both the country where the will was made and in Turkey is strongly recommended.

How Mona Hukuk Can Help

Disinheritance cases sit at the crossroads of estate planning, family dynamics, and courtroom procedure. Whether you are considering including a disinheritance clause in your will, have been disinherited and want to understand your options, or are a foreign heir trying to navigate a Turkish estate dispute in Antalya, our team has the experience to guide you through every step.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.