Inheritance law is a complex branch of law that governs how, upon the death of a person, their assets are transferred to their legal heirs or to those designated by will. In this process, striking a balance between the testator’s will and the legal rights of their heirs is essential. The Turkish Civil Code has adopted the concept of a “reserved share” to achieve this balance. A reserved share is the portion of an inheritance that a testator is obligated to leave to certain heirs, even against their will. If the testator makes actions that violate this reserved share, one of the most important legal remedies available to heirs with reserved shares is a “reduction lawsuit.” In a dynamic city like Antalya, especially given the high concentration of real estate and commercial inheritances, the practice of reduction lawsuits is of paramount importance. This article will examine in detail the legal nature of reduction lawsuits, their application criteria, and practical approaches specific to Antalya.
A reduction lawsuit is a lawsuit filed by heirs who believe their reserved portion has been impaired by the testator’s testamentary dispositions (such as a will or inheritance contract) or inter vivos dispositions (such as donations) to recover the damaged portion. Rather than completely invalidating the testator’s freely chosen dispositions, this lawsuit aims to balance the portion of the reserved portion that violates the law by bringing it within legal limits.
Legal Nature of the Reduction Case and the Concept of Reserved Share
A reduction lawsuit is one of the fundamental protection mechanisms in inheritance law. Filed after the death of a deceased person, this lawsuit aims to determine whether certain actions taken by the deceased prior to their death violated the legal rights of the heirs. At the heart of this lawsuit is the concept of “reserved share.”
What is Reserved Share and Who Does It Cover?
According to the Turkish Civil Code, a reserved portion is a portion of an inheritance legally reserved for certain heirs, over which the deceased cannot freely dispose. This portion is protected even if it occurs against the deceased’s will and aims to ensure the basic livelihood or social status of the heirs. Heirs with reserved portions are clearly defined in the Law:
* Descendants (children, grandchildren): The deceased’s children are the reserved heirs. If the children are deceased, their descendants (grandchildren) become the reserved heirs. Their reserved share is half of the legal inheritance share.
* The deceased’s parents: If the deceased has no descendants, the deceased’s parents are the reserved heirs. Their reserved share is one-fourth of the legal inheritance share.
* Surviving spouse: A spouse’s reserved share varies depending on the class of inheritance they inherit from. If they are a joint descendant, their entire legal share is reserved; if they are a joint descendant, their entire legal share is reserved; in other cases, three-quarters of their legal share is reserved.
The testator may not dispose of the inheritance in a manner that violates the reserved portions of these heirs. In such a case, a reduction lawsuit may be filed to recover the violated portion.
Purpose and Conditions of the Tenkis Case
The primary purpose of a reduction lawsuit is to safeguard the legal rights of heirs with reserved portions without unduly interfering with the testator’s will. As a result of the lawsuit, only the violated portion, not the entire disposition that violated the reserved portion, is reduced (reduced). This creates a balance between the testator’s free disposition and the legal protection of the heirs.
In order to file a reduction lawsuit, some basic conditions must be met:
1. Violation of the Reserved Share: The share of the heir with the reserved share must be damaged by the testamentary dispositions or inter vivos transfers made by the deceased.
2. Validity of the Disposition: The disposition subject to reduction must be made in accordance with the formal requirements and be a valid transaction in substance. For example, a will must be properly executed.
3. The inheritance must be opened: The testator must have passed away and the inheritance must have been opened. Because reserved share rights arise upon the opening of the inheritance.
Discountable Savings and Ranking
Not every disposition made by the deceased, whether before or after their death, is subject to abatement. The law clearly states which dispositions are subject to abatement proceedings and the order in which they are abatement.
The Testator’s Inter-Life Benefits
Certain dispositions made by the deceased during his or her lifetime may be subject to reduction if they violate the reserved portion. These are generally transactions of a “donation” nature. According to the Turkish Civil Code, the following inter-living dispositions are subject to reduction:
* Donations made by the deceased within one year before his/her death: These donations are subject to reduction regardless of whether the deceased intended to violate the reserved share.
* Donations made by the deceased clearly for the purpose of violating the reserved share rules: Even if they were made more than one year before the deceased’s death, they are subject to reduction if it is proven that the deceased intended to violate the reserved share when making these donations.
* Contributions made by the testator to an heir as a deduction for his share of the inheritance: For example, contributions made to a child for marriage or capital given to start a business.
* Benefits such as life insurance premiums and payments to retirement funds: Under certain circumstances, such benefits may also be subject to reduction.
Dispositions Related to Death
These are dispositions made by the deceased that become effective after their death. These usually appear in the form of a will or testamentary contract.
* Will: A testamentary will is a unilateral declaration of will by which the deceased disposes of all or part of his or her estate after his or her death. If the shares of heirs with reserved shares are violated by the will, the will may be subject to revocation.
* Inheritance Contract: A bilateral agreement between the deceased and one or more individuals that provides for the transfer of the deceased’s assets in a specific manner after their death. These agreements may also be subject to reduction if they violate the reserved portion.
Order of Reduction: A specific order is followed when performing a reduction. First, testamentary dispositions are reduced. If the reserved portion is still not achieved after this reduction, then inter-life dispositions are considered. Among inter-life dispositions, the reduction is done backwards, starting with the most recent donation. This order ensures that the testator’s final will is respected to the greatest extent possible.
Principles of Calculation and Application in Reduction Cases
One of the most critical stages of a reduction case is accurately calculating whether the reserved portion has been violated and, if so, how much should be reduced. This calculation is a complex process that requires specialized legal and financial knowledge.
Determination and Valuation of the Deceased’s Assets
To calculate the reduction, a value called the “estimated inheritance” must first be determined. This value is calculated by adding any inter vivos gains subject to reduction to the testator’s assets at the time of death and subtracting any debts.
1. The Deceased’s Active Assets at the Time of Death: All movable and immovable properties, bank accounts, receivables, etc. owned by the decedent at the time of death are determined.
2. Addition of Inter-Life Acquisitions Subject to Reduction: The donations and other acquisitions subject to reduction mentioned above are added to the estimated estate at their value on the date the estate is opened, not the date of donation. This allows for the consideration of inflation and appreciation.
3. Deduction of Debts of the Testator: All debts of the testator at the time of death (loan debts, tax debts, etc.) are deducted from the estimated inherited assets.
4. Funeral Expenses and Final Illness Expenses: These types of expenses can also be deducted from the estimated inheritance assets.
Based on the “estimated inheritance” value obtained from these calculations, the legal inheritance share of each heir with a reserved portion is calculated, followed by the reserved portion ratio. The amount of this reserved portion is determined by the decedent’s actions.
Legal Consequences and Application Criteria of Reduction
In a reduction case, only the violated portion of the transaction that violated the reserved portion is reduced. This situation has various application criteria and consequences:
* Proportional Reduction: If the testator has made more than one testamentary disposition or inter vivos disposition and all of them violate the reserved share, the reduction is made in order and proportionally.
* Reduction in Kind or Cash Reduction: If the property subject to reduction is divisible (e.g., cash, stocks), reduction in kind, that is, the return of a portion of the property itself, may be possible. However, for indivisible property such as real estate, instead of returning the entire property, the preferred option may be to pay in cash the value of the portion that violates the reserved portion (reduction in cash). This is particularly important for high-value properties in Antalya. The court will assess, in accordance with equitable principles, whether dividing a portion of the property would impair its economic integrity.
* Good Faith and Bad Faith: In inter-corporeal transactions, the good faith of the recipient may make some differences in the application of the reduction. However, the principle of preservation of the reserved portion generally provides protection beyond good faith.
Reduction Action Process and Limitation Periods
A reduction lawsuit is subject to specific procedural rules and time limits. Failure to comply with these time limits may result in loss of rights.
Authority to File a Lawsuit and Competent Court
The right to file a reduction lawsuit belongs to the heirs whose reserved share has been violated. These heirs may file the lawsuit individually or jointly with other heirs with reserved shares.
The competent court for reduction cases is the Civil Court of First Instance . The competent court is the court of the deceased’s last residence. Therefore, if the deceased’s last residence was Antalya, the Antalya Civil Court of First Instance has jurisdiction over the case.
Statute of Limitations and Limitation Periods
The right to file a reduction lawsuit is subject to specific statute of limitations. If these deadlines are missed, the right to file a reduction lawsuit is void:
* One-Year Limitation Period: The heir with reserved share must file a reduction lawsuit within one year from the date on which he learns that the testator’s disposition violated his reserved share.
* Ten-Year Limitation Period: In any case, the right to file a reduction lawsuit lapses ten years after the inheritance is opened (i.e., the date the testator dies). These time limits are established to ensure the orderly and expeditious operation of inheritance law. Following these time limits is crucial to the success of the lawsuit.
Things to Consider in Reduction Case Applications in Antalya
Antalya, due to its dynamic structure and its tourism and agricultural potential, is a city with a high concentration of diverse property types. This can lead to some special circumstances in inheritance cases, particularly reduction cases.
Evidence and Expert Review
Providing strong evidence is crucial for success in a reduction case. Proving the testator’s inter vivos dispositions and testamentary dispositions is particularly critical.
* Document Review: All documents, including land registry records, bank transactions, contracts, wills, and insurance policies, must be fully collected. Real estate transactions and company transfers, particularly in tourist areas of Antalya, may require detailed review of these documents.
* Expert Review: Expert reports are needed to accurately calculate the estimated inheritance, appraise assets, and determine reserved share ratios. Expert reviews on matters such as current market values of real estate and the assets and liabilities of businesses directly impact the course of the case. Rapid fluctuations in land and residential values in different areas of Antalya necessitate up-to-date and accurate appraisals.
* Witness Statements: Witness statements may also be presented as evidence to prove the testator’s dispositional intent or that a particular donation was made with the intention of violating the reserved portion.
The Importance of Legal Consultancy
A reduction case is quite complex, both in terms of its legal nature and calculation methods. Therefore, seeking the support of an experienced legal professional is essential to ensure the proper conduct of the case, prevent loss of rights, and achieve the most effective outcome. Especially in major cities like Antalya, working with a law firm that is up-to-date on current Supreme Court decisions in inheritance law and familiar with local court practices is crucial for the smooth progress of the process.
Legal advice plays a vital role from the outset in determining the right strategy, gathering the necessary evidence, meticulously adhering to statute of limitations, and ensuring effective representation throughout the litigation process. An attorney specializing in inheritance law can successfully navigate the complex process of reduction proceedings, ensuring the best possible protection for their client’s rights, and helping to achieve a fair outcome.