Forced Heirship in Turkey: Reserved Shares Explained

Forced heirship in Turkey means the law reserves a fixed share of your estate for close family members, and you cannot freely give that share away by will or gift. Under the Turkish Civil Code, your children, your surviving spouse, and in some cases your parents hold a protected portion known as the reserved share (saklı pay). You can decide who receives the rest, but you cannot cut a protected heir out entirely without a legal ground. This guide explains how forced heirship in Turkey works, who the compulsory heirs are, how the shares are calculated, and what foreign nationals should know when Turkish property is involved.

What Is Forced Heirship in Turkey?

Forced heirship in Turkey is the rule that a portion of an estate passes to certain relatives by law, regardless of what the deceased wanted. The Turkish Civil Code (Turk Medeni Kanunu) sets aside a reserved share for protected heirs, and any will or lifetime gift that eats into that share can be challenged. The idea is to stop someone from disinheriting close family on a whim.

Two figures matter here. The first is the statutory share, which is the portion each heir would receive if there were no will at all. The second is the reserved share, which is the protected slice of that statutory share the person cannot touch. What is left after the reserved shares are set aside is called the disposable portion, and that part you can leave to anyone you choose, including friends, a charity, or one child over another.

Forced heirship in Turkey applies to the whole estate as a value, not to specific objects. So a parent can leave the family flat to one child, as long as the value handed out does not shrink another protected heir’s reserved share below what the law requires.

Who Are the Compulsory Heirs in Turkey?

The compulsory heirs in Turkey are the people the law protects with a reserved share: descendants, the surviving spouse, and, in the absence of children, the parents. Not every relative is protected. The Turkish Civil Code was amended in 2007, and since then siblings no longer hold a reserved share, which surprises many families who expect brothers and sisters to be guaranteed a portion.

• Descendants: children, and if a child has died, that child’s own children. Adopted children inherit like biological children.
• Surviving spouse: a legally married husband or wife. An unmarried partner has no inheritance right at all under Turkish law.
• Parents: the mother and father, but only when the deceased left no descendants.

Grandparents and siblings can still inherit under the statutory order when there is no closer family, but they are not compulsory heirs in Turkey and hold no reserved share. That distinction is the heart of most planning questions we are asked.

Reserved Shares Under Turkish Inheritance Law

Reserved shares under Turkish inheritance law are set as a fraction of each heir’s statutory share, not of the whole estate. In other words, you first work out what the heir would get under the intestacy rules, then apply the reserved fraction to that amount. The current fractions, as of the time this article is written, are these.

Reserved shares under Turkish inheritance law changed with the 2007 reform. That reform removed the sibling reserved share altogether, so brothers and sisters no longer hold a protected portion. If you read older articles online, you may see out of date fractions, so check the current position with a lawyer before you rely on any number.

How Statutory Shares Work When a Spouse Inherits

The surviving spouse always inherits, but how much depends on who else survives. The spouse’s statutory share shifts according to the class of relatives sharing the estate.

• Spouse with the deceased’s children: the spouse takes one quarter (1/4), and the children divide the remaining three quarters equally.
• Spouse with the deceased’s parents: the spouse takes one half (1/2), and the parents’ side takes the other half.
• Spouse with the deceased’s grandparents: the spouse takes three quarters (3/4), and the rest goes to that class.
• Spouse alone: the spouse inherits the entire estate.

Once you know the statutory share, the reserved share follows from the table above. Take a common case: a married person dies leaving a spouse and two children. The spouse’s statutory quarter is fully reserved. Each child’s statutory share is three eighths, and half of that, three sixteenths, is reserved. Add the protected portions together and you can see how little of the estate is actually free to give away by will.

Can You Disinherit a Child in Turkey?

You generally cannot disinherit a child in Turkey simply because you want to; the reserved share stands unless a specific legal ground applies. The Turkish Civil Code allows formal disinheritance (mirastan cikarma) only in limited situations, and the ground has to be stated in the will. Vague reasons or ordinary family friction will not hold up if the heir challenges it.

The recognised grounds are narrow. They include a serious criminal offence by the heir against the deceased or someone close to them, and a grave failure by the heir to meet family law obligations toward the deceased or the family. There is also a separate route where an heir who is deeply in debt can be partly excluded to protect that heir’s own descendants. Because the question of whether you can disinherit a child in Turkey turns entirely on the facts and the wording, this is an area where careful drafting matters.

Whether disinheritance fits your situation depends on the exact ground, the evidence, and how the will is worded; a lawyer can assess it in a short consultation. In our practice at Karanfiloglu Law Firm, the most common reason a disinheritance clause fails is that it names no valid legal ground and simply expresses displeasure, which a court will not accept.

Forced Heirship in Turkey for Foreign Nationals

For foreigners, the key question is which country’s law governs the estate, and the answer often splits the estate in two. Under Turkish private international law (Law No. 5718), succession is in principle governed by the national law of the deceased. There is an important exception: immovable property located in Turkey is always governed by Turkish law. So a foreign national who owns an apartment in Istanbul will have that apartment pass under Turkish rules, including forced heirship in Turkey, even if their home country allows complete freedom to distribute an estate.

This is where Turkish inheritance law for foreigners becomes practical rather than theoretical. A will made abroad may be perfectly valid in form, yet still run into the reserved shares when it reaches Turkish real estate. Turkish inheritance law for foreigners does not ask about your nationality when the asset is land or a building here; the location of the property decides the rule. Movable assets, such as bank balances, generally follow your national law, which can lead to one estate being handled under two different systems.

Clients we advise in Istanbul are often surprised that a trust or a survivorship arrangement set up at home does not automatically override the reserved share on their Turkish flat. If Turkey holds part of your wealth, plan for the Turkish part specifically.

Common Mistakes That Trigger Inheritance Disputes

Most reserved share fights come from a handful of avoidable errors. These are the ones we see most often.

• Giving away property to dodge the reserved share. Large lifetime gifts, especially in the years before death, can be pulled back into the calculation. Heirs can ask a court to add certain gifts back and reduce them if a reserved share was harmed. The fix is to model the numbers first.
• Assuming a foreign will covers Turkish real estate. It may be valid, but it cannot escape forced heirship in Turkey on property here. The fix is a separate plan, or a Turkish will, for the Turkish assets.
• Writing a disinheritance clause with no legal ground. A clause that just says a child gets nothing will usually fail. The fix is to state a recognised ground and keep evidence.
• Forgetting the spouse’s protected share. When there are children, the spouse’s quarter is fully reserved, and people often leave everything to the children by mistake.
• Missing the deadline to claim. A protected heir who does nothing in time can lose the right to challenge, as explained below.

How to Claim a Reserved Share, Step by Step

A protected heir who has been shortchanged enforces the reserved share through a reduction action (tenkis davasi), a lawsuit that trims the excessive gifts or bequests back to the legal limit. The steps usually run like this.

1. Confirm your status as a compulsory heir and gather the will, title deeds, and records of any lifetime gifts.
2. Work out the reserved share as a figure, using the statutory share and the reserved fraction.
3. Try to resolve it with the other heirs, since many reserved share matters settle without a full trial.
4. If it cannot be settled, file a reduction action at the competent civil court where the estate is handled.
5. The court values the estate, adds back the relevant gifts, and orders reduction of whatever exceeded the disposable portion.

Timing is strict. As a general rule, the reduction action must be brought within one year of the moment the heir learns that the reserved share was violated, and in any case within ten years, though the exact starting point depends on the facts. Because these periods can bar a valid claim, an heir who suspects a problem should get advice quickly. In our experience, the stage that takes the longest is valuing the estate, which can run for several months when property and foreign assets are involved.

Summary

Forced heirship in Turkey protects a reserved share for children, the surviving spouse, and, where there are no children, the parents. You keep the freedom to distribute the disposable portion, but you cannot erase a protected share without a proper legal ground. Foreign nationals should pay special attention, because Turkish real estate follows Turkish rules whatever their home law says. If you own assets here or expect to inherit them, work out the reserved shares under forced heirship in Turkey before you sign a will or make a large gift.

Talk to a Lawyer in Istanbul

If you would like advice on your own situation, Karanfiloglu Law Firm is a registered law office in Istanbul serving foreigners and Turkish clients across Turkey. You can reach us by phone or WhatsApp at +90 532 659 35 11, by email at [email protected], or visit us at Mecidiyeköy Mah. Büyükdere Cad. No:67-71, Alba İş Merkezi, Kat:8, Şişli, İstanbul. Contact us to discuss your situation.

Frequently Asked Questions

What is forced heirship in Turkey?

Forced heirship in Turkey is the rule that reserves a fixed share of an estate for close family, mainly children and the surviving spouse. The Turkish Civil Code protects this reserved share, so a will or gift cannot lawfully reduce it below the set fraction without a valid ground.

Who are the compulsory heirs in Turkey?

The compulsory heirs in Turkey are descendants, the surviving spouse, and the parents when there are no descendants. Since the 2007 reform, siblings are no longer compulsory heirs, and an unmarried partner has no inheritance right at all.

Can you disinherit a child in Turkey?

You can disinherit a child in Turkey only on a specific legal ground stated in the will, such as a serious offence against you or a grave breach of family duties. A clause that gives a reason of simple displeasure will usually be struck down if the child challenges it.

How much is the reserved share for a child?

A child’s reserved share is one half of that child’s statutory share, as of the time this article is written. So if a child would receive a given portion under the intestacy rules, half of that portion is protected and cannot be freely given away.

Does forced heirship apply to foreigners who own property in Turkey?

Yes. Immovable property in Turkey is governed by Turkish law, so forced heirship in Turkey applies to a foreigner’s Turkish real estate regardless of their nationality. Turkish inheritance law for foreigners treats the location of the property as the deciding factor for land and buildings.

How long do I have to claim my reserved share?

A reduction action must generally be filed within one year of learning that the reserved share was violated, and within ten years overall, though the exact starting point depends on the facts. Missing these periods can bar an otherwise valid claim, so act promptly.

Can lifetime gifts be clawed back?

Certain lifetime gifts can be added back into the estate and reduced if they harmed a reserved share. Courts look closely at gifts made to defeat forced heirship, so giving property away shortly before death does not reliably avoid the reserved shares.

Do I need a separate Turkish will for my assets here?

A foreign will can be valid, but a plan drafted for Turkish assets often prevents delay and dispute. Because reserved shares under Turkish inheritance law still apply to property here, a will prepared with Turkish rules in mind is usually the cleaner route.

About the Author

Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, an Istanbul-based registered law office serving Turkish and international clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Reg. No. 58270) and the Union of Turkish Bar Associations (No. 133074), and has practised law in Turkey since 2017. He holds an LL.B. from Galatasaray University Faculty of Law (2016) and advises clients in Turkish, English and French; the firm also serves clients in Russian and Chinese with experienced in-office translators.

Disclaimer: This article provides general information about Turkish law and is not legal advice. Laws, regulations, official fees and procedures change over time and every situation is different. For advice on your specific circumstances, please consult a qualified lawyer. No liability is accepted for any loss arising from reliance on the information in this article.