Reserved Share in Turkish Inheritance: What Heirs Must Know

Inheriting assets in Turkey can be straightforward — until someone questions who gets what. Turkish law places firm limits on how freely a person can distribute their estate. The concept of saklı pay — translated as "reserved share" or "forced heirship" — guarantees certain close relatives a minimum portion of the estate, regardless of what a will says. For foreign nationals who own property in Antalya or elsewhere in Turkey, understanding this rule can make the difference between a smooth inheritance and a costly court dispute.

What Is a Reserved Share?

In Turkey, you cannot simply leave your entire estate to whoever you choose. The Turkish Civil Code (Türk Medeni Kanunu) sets aside a protected portion for specific family members — called saklı paylı mirasçılar, or forced heirs. Even if a will disinherits these relatives, or gifts made during the owner's lifetime reduce what they would receive, forced heirs can go to court to recover their legally guaranteed share.

This concept exists in most continental European legal systems, and Turkey's version draws heavily from Swiss and German models. The practical outcome is the same: a testator's freedom to dispose of their estate is real, but it has hard limits when close family members are involved.

Who Has Reserved Share Rights?

Not every relative qualifies. Under Turkish law, three groups hold forced heirship rights:

• Children and other descendants — each child is entitled to half of the share they would normally receive without a will. If a deceased person had two children and left no will, each child would inherit 50%. If a will tries to cut one out, that child can still claim at least 25% of the estate — half of their 50% statutory share.

• Parents — if there are no surviving children or grandchildren, the parents of the deceased have a reserved share equal to one quarter of their statutory inheritance share.

• Surviving spouse — the spouse's entire statutory share is protected, regardless of who they inherit alongside.

Brothers, sisters, grandparents, and more distant relatives have no reserved share rights under Turkish law. A person can freely exclude them from their estate.

What Happens When the Reserved Share Is Violated?

If a will or a gift made during the owner's lifetime reduces a forced heir's protected portion below what the law guarantees, those heirs can file a tenkis davası — a reduction action — before a Turkish civil court. The court then reduces the offending dispositions until the forced heir's share is fully restored.

Reductions follow a fixed sequence. Testamentary gifts are reduced first, starting from the most recent. If that is not enough, gifts made during the owner's lifetime are also reduced, again starting from the most recent. Turkish courts apply this order strictly.

There are time limits. Under the Turkish Civil Code, the right to bring a reduction action generally prescribes one year from the date a forced heir learns of the infringement, and ten years from the date the succession opens — that is, from the date of death. Missing these windows can extinguish the claim permanently. Anyone who suspects their reserved share has been violated should seek legal advice as soon as possible.

Reserved Shares and Foreign Nationals in Turkey

Foreign nationals who own real estate or other assets in Turkey are subject to Turkish inheritance law for those Turkish-located assets, even if their country of residence operates under a completely different system.

If you draft a will in your home country that tries to leave your Turkish apartment entirely to one grandchild — bypassing your children — Turkish law will not honour that disposition to the extent it infringes your children's reserved shares. The children can bring a tenkis davası in Turkey to recover their protected portions.

Conversely, if you are a foreign national who stands to inherit from a Turkish estate — for example, a parent who owned a property in Antalya — you benefit from the same reserved share protections as a Turkish citizen, provided Turkish law governs that portion of the estate.

When assets are spread across several countries, different legal systems may apply to different parts of the estate. What is valid in one country can conflict with what Turkish law requires for assets located here, making cross-border estate planning genuinely complex.

Frequently Asked Questions

Q: Can I disinherit my child under Turkish law?

Turkish law allows disinheritance (ıskat) only in very narrow circumstances — such as a child committing a serious offence against the testator or certain close relatives, or persistently neglecting their family obligations. A simple preference for another beneficiary is not sufficient grounds. Without valid legal justification, a disinherited child can still recover their reserved share through a tenkis davası.

Q: What if the deceased gave property away before dying to reduce the estate?

Lifetime gifts can be subject to a tenkis action if they deplete the estate to the point where forced heirs cannot receive their reserved share. Courts look at the overall picture — not just the formal will — when assessing whether forced heirs have been adequately provided for.

Q: Are grandchildren covered?

Grandchildren inherit in place of a deceased parent under the rules of representation. So if your child predeceased you, your grandchildren step into their parent's shoes and hold the same reserved share their parent would have had.

Q: Does a foreign will affect saklı pay rights in Turkey?

A foreign will may be recognised in Turkey, but recognition does not override Turkish forced heirship rules. If the will infringes on the reserved share of a person protected under Turkish law, those heirs can still bring a reduction action before Turkish courts.

How Mona Hukuk Can Help

Whether you are planning your estate, have discovered that a will or lifetime gift has encroached on your reserved share, or are defending against a tenkis davası, our lawyers in Antalya are here to guide you. We advise and represent both Turkish nationals and foreign clients on inheritance matters, including cross-border estate planning and court proceedings.

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