What Is a Reserved Share? Being Cut Out of an Inheritance in Turkey — 2026 Guide

The sentences we hear most often in inheritance law consultations tend to sound similar.

“My father left everything to my sibling — do I have no rights at all?”

“My mother's will cut me out of the inheritance entirely, can I challenge that?”

“My mother 'sold' her house to my sibling shortly before she passed, but no money actually changed hands.”

Under Turkish law, a person's freedom to dispose of their estate as they wish is not unlimited.

The law protects certain close relatives through a guarantee known as the reserved share.

In this guide, we answer, question by question, what a reserved share is, who it covers, and what to do if assets were hidden to defeat someone's inheritance.

What Is a Reserved Share?

A reserved share is the minimum portion of an estate the law guarantees to certain close relatives — a portion that cannot be eliminated even through a will or an inheritance contract.

The person leaving the estate cannot make a disposition that reduces or eliminates this share.

If they do, the heir whose reserved share has been infringed can file a lawsuit for its abatement (reduction).

Who Is Entitled to a Reserved Share?

Under the Turkish Civil Code, the heirs entitled to a reserved share, and their proportions, are:

• Descendants (children/grandchildren): Half of their statutory inheritance share

• Parents: One quarter of their statutory inheritance share

• Surviving spouse: The entire statutory share when inheriting alongside descendants or parents; three quarters of the statutory share when inheriting alone

Does My Sibling Have a Reserved Share?

No.

Siblings have not been entitled to a reserved share since a 2007 amendment to the law.

If they wish, the person leaving the estate can cut a sibling out of the inheritance entirely through a will.

My Father Cut Me Out of His Will — Do I Have No Rights at All?

As a child, your reserved share (half of your statutory share) is protected regardless.

If a provision of the will infringes on it, you can file an abatement lawsuit to cancel the portion that exceeds what's allowed.

What Does It Mean to Hide Assets From an Inheritance?

In some cases, a person wishing to deprive an heir with a reserved share of their inheritance rights transfers an asset to another heir disguised as a sale — even though their real intent was a gift.

In practice and in Turkish Supreme Court case law, this is known as “collusive transfer by the deceased” (muris muvazaası).

Since the real intent was a gift while the apparent transaction was a sale, the transaction is treated as a sham.

What Is the Legal Basis for a Collusive-Transfer Claim?

This type of lawsuit entered Turkish law through the Court of Cassation's Grand General Assembly's unifying decision of April 1, 1974 (No. 1/2).

Since that decision, this has become one of the most frequently filed claims in inheritance law.

My Mother “Sold” Her House But Never Received Payment — What Can I Do?

This raises a strong suspicion of a collusive transfer.

The following are typical indicators that support a finding of collusion:

• Evidence that the sale price was never actually paid (no bank record, the seller's financial situation showing no payment was received, etc.)

• The recorded sale price being far below market value

• The transfer having taken place shortly before the deceased passed away

• A close relationship between the deceased and the receiving heir, combined with a poor relationship with the other heirs

• The deceased continuing to actually use the property after the “sale”

Who Can File a Collusive-Transfer Lawsuit?

Any heir whose inheritance rights were violated — whether or not they're entitled to a reserved share — can file this lawsuit on their own, without needing the other heirs' consent.

When Can I File This Lawsuit? Is There a Time Limit?

A precondition for this lawsuit is that the deceased must have already passed away — you cannot file before the inheritance opens.

Because a collusive transfer is treated as an invalid registration from the very start, a lawsuit to cancel the title deed and re-register it is, as a rule, not subject to any statute of limitations.

In this respect, it differs significantly from the abatement lawsuit described below.

How Do I Prove a Collusive Transfer?

The burden of proof lies with the heir filing the lawsuit.

However, the Court of Cassation does not require written evidence in these cases — any type of evidence, including witness testimony, is admissible.

This means things the deceased said while alive, family correspondence, and witness statements can all be used as evidence.

What's the Difference Between a Collusive-Transfer Claim and an Abatement Lawsuit?

If the gift or testamentary disposition made by the deceased was genuinely valid, but it infringes on a reserved share, an abatement lawsuit comes into play instead.

The goal of an abatement lawsuit isn't to invalidate the transaction — it's to cancel the portion that exceeds the reserved share.

Is There a Time Limit for an Abatement Lawsuit?

Yes.

The right to file an abatement lawsuit lapses 1 year from when the heir learns their reserved share was infringed, and in any case 10 years from the date the will was opened (or, for other dispositions, from when the inheritance opened).

Unlike a collusive-transfer claim, time is a critical factor in an abatement lawsuit.

Can I Renounce an Inheritance?

Yes, both statutory and appointed heirs have the right to renounce an inheritance.

If the estate is over-indebted, or the heir simply doesn't wish to inherit, they can file a renunciation declaration with the civil court of peace within the period prescribed by law.

What Types of Wills Exist, and Which Is Safest?

Turkish law recognizes three types of wills: an official will (made before a notary or civil judge), a handwritten will, and an oral will.

In terms of ease of proof and compliance with formal requirements, an official will is generally considered the safest option.

What Not to Do If You Suspect Assets Were Hidden

Staying silent for a long time

There's no statute of limitations for a collusive-transfer claim, but evidence (witnesses, documents) can be lost over time.

Missing the deadline for an abatement lawsuit

You must pay close attention to the 1-year period starting from when you learned your reserved share was infringed.

Filing without first assessing the evidence

Which lawsuit to file — a title cancellation claim or an abatement claim — depends on the specific evidence available in your case.

Frequently Asked Questions

My father left his entire estate to my sibling in his will — will I get nothing?

No, as a child your reserved share is protected. You can file an abatement lawsuit against the portion of the will that infringes on it.

Do I have a right to a share of the inheritance as a sibling?

Siblings are not entitled to a reserved share. The deceased could cut you out entirely through a will; but if there's no will, your statutory inheritance share is protected.

Do I need to file a collusive-transfer lawsuit together with the other heirs?

No, any heir whose inheritance rights were violated can file this lawsuit alone.

Can I file a collusive-transfer lawsuit while the person is still alive?

No, a precondition for this lawsuit is that the person must have already passed away.

If I missed the deadline for an abatement lawsuit, do I have no rights left?

Once the period lapses, the right to file an abatement lawsuit is extinguished — which is why tracking the deadline matters. We recommend discussing your specific situation with a lawyer.

Is a handwritten will valid?

A handwritten will is valid if it meets the formal requirements set by law (written entirely in the deceased's own handwriting, dated, and signed).

Conclusion

Inheritance law is an area heavily shaped by family relationships and emotional weight, and it can involve complex evidentiary challenges.

If you believe assets were hidden from an inheritance, or suspect your reserved share has been infringed, we recommend speaking with a lawyer as soon as possible — especially given the strict deadline on abatement lawsuits.

Atalya Hukuk Bürosu provides legal counsel and litigation support in Antalya for title cancellation, abatement, and inheritance division disputes.

This article is for general informational purposes only and does not constitute legal advice. Please consult a lawyer for an assessment specific to your situation.

Sources

• Turkish Civil Code No. 4721, Arts. 505-514, 571
• Court of Cassation Grand General Assembly, unifying decision dated April 1, 1974, No. 1/2