What Is the Reserved Portion in Inheritance Law? Who Is Entitled to It?

Inheritance law determines how a person’s assets are distributed after their death. However, the deceased (testator) cannot freely dispose of all their property. Under the Turkish Civil Code, certain heirs have the right to a reserved portion (also known as a forced heirship share). This right limits the testator’s freedom and ensures that a specific part of the estate passes to legally protected heirs.

What Is the Reserved Portion?

The reserved portion is the legally protected share of an inheritance that cannot be taken away from heirs through a will or donation. If this right is violated, heirs may file a reduction lawsuit (tenkis davası) to reclaim their share.

Who Has the Right to a Reserved Portion?

According to the Turkish Civil Code, the following heirs are entitled:

• Descendants (children, grandchildren)
  → Reserved portion: half of the legal inheritance share
• Parents (mother and father)
  → Reserved portion: one-fourth of the legal inheritance share
• Surviving spouse
  → Reserved portion depends on who else inherits:
  • With descendants: full legal share
  • With parents: full legal share
  • In other cases: three-fourths of the legal share
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Importance of the Reserved Portion

The reserved portion prevents family members from being completely disinherited. The testator can only freely dispose of the available portion of their assets. Any violation can be challenged by heirs through a reduction action.

Conclusion

The reserved portion is a key concept in Turkish inheritance law that protects family balance and fairness. Considering these legal shares during estate planning helps avoid future legal disputes.