Reduction Lawsuit

One of the main aims of inheritance law is to respect the wishes of the deceased while also safeguarding the rights of the heirs protected by law. However, in some cases the deceased may reduce the statutory rights of some heirs through gifts or dispositions upon death.

In such cases, one of the legal remedies available to heirs whose reserved share has been infringed is the reduction lawsuit (tenkis davası).

The reduction lawsuit is an important inheritance law action that brings gratuitous benefits made by the deceased, which infringe the rights of heirs entitled to a reserved share, back within the limits set by law.

What Is a Reduction Lawsuit?

A reduction lawsuit is a lawsuit filed where certain dispositions made by the deceased before their death infringe the rights of heirs who are entitled to a reserved share.

The deceased has a certain degree of freedom to dispose of their assets. However, this freedom is not unlimited. The law protects a certain inheritance share for some heirs.

If this protected portion is exceeded because of gifts made by the deceased or transactions carried out by will, reduction may be claimed in order to reduce the infringing part.

What Is the Reserved Share?

The concept of the reserved share (saklı pay) forms the basis of the reduction lawsuit. The reserved share is the inheritance right that the law protects for certain heirs and that the deceased cannot remove entirely.

Although the deceased can dispose of their assets as they wish, they cannot carry out transactions that completely eliminate the rights of heirs entitled to a reserved share.

To determine whether the reserved share has been infringed, the total value of the estate, the benefits made and the heirs’ statutory rights must first be assessed together.

When Is a Reduction Lawsuit Filed?

A reduction lawsuit usually arises because of certain transactions the deceased carried out before their death.

For example, a reduction review may be carried out where the deceased gave away high-value properties in a way that leaves one heir unprotected compared with the other heirs, left a large part of their assets to one person, or made provisions in a will that exceed the reserved shares.

However, not every gift or will automatically constitutes a ground for reduction. It must first be calculated whether there is an infringement of the reserved share.

Who Can File a Reduction Lawsuit?

A reduction lawsuit can be filed by heirs whose reserved share has been infringed.

The person filing the lawsuit must first be an heir entitled to a reserved share, and their own statutory right must have been harmed by the disposition made.

For this reason, an heir cannot file a reduction lawsuit simply because they believe their inheritance share has decreased. The scope of legal protection is limited to the reserved share.

Which Transactions Are Examined in a Reduction Lawsuit?

In the court’s examination, certain gratuitous benefits made by the deceased before their death are assessed.

Gifts, certain property transfers, inheritance contracts and wills may be among the transactions that can be examined for reduction.

What matters here is not the outward form of the transaction but its true legal nature. Whether the transaction infringes the reserved share is assessed on the basis of the specific facts.

How Is the Calculation Made in a Reduction Lawsuit?

One of the most technical stages of a reduction lawsuit is the calculation. First, the assets of the deceased on the date of death are determined.

Then the disposable portion is calculated, taking into account the assets included in the estate, the gifts made and other benefits.

If the reserved shares have been exceeded, it is determined to what extent the excess part will be reduced.

For this reason, property values, bank records, land registry transactions and other financial data are very important in reduction lawsuits.

Is a Reduction Lawsuit the Same as Title Deed Cancellation?

In practice, the reduction lawsuit and lawsuits for cancellation of title deed and registration (tapu iptal ve tescil davası) are sometimes confused.

The main purpose of a reduction lawsuit is to reduce the part that exceeds the reserved share. Title deed cancellation and registration lawsuits, on the other hand, may be based on different legal grounds.

In some cases, different types of lawsuit may be assessed together because of an infringement of inheritance rights. Which legal route will apply should be determined according to the particular facts.

The Effect of a Will in a Reduction Lawsuit

Wills drawn up by the deceased may have important consequences for the division of the inheritance.

However, provisions made by will are also subject to the limits of the reserved share. If a will contains a provision that exceeds the reserved share, it is possible to claim reduction.

For this reason, assessing the legal effects of existing wills is as important as drafting wills.

Time Limits in a Reduction Lawsuit

In reduction lawsuits, time limits are very important in terms of the loss of rights.

The period within which the lawsuit must be filed is assessed according to the heirs’ situation and the particular facts. If the time limits are missed, problems may arise regarding the right to sue.

For this reason, the transactions made and the existing documents should be examined in good time after the death of the deceased.

The Importance of Evidence in a Reduction Lawsuit

Presenting the right evidence is one of the most important stages of a reduction lawsuit.

Land registry records, bank transactions, gift documents, wills, official records and examinations by court-appointed experts (bilirkişi) play an important role in the court’s assessment.

The documents must be examined carefully, especially in order to reveal the true intention of the deceased and the nature of the transactions made.

The Importance of the Reduction Lawsuit for Protecting Inheritance Rights

Although the deceased’s freedom to dispose of their assets is important, it is not possible to completely remove the rights of heirs protected by law.

The reduction lawsuit is one of the important tools that maintain the legal balance between the wishes of the deceased and the protection of heirs entitled to a reserved share.

In disputes arising in inheritance relationships, a correct legal assessment is very important so that heirs do not lose their rights.