KÜHEYLAN HUKUK
What is a Reserved Share? When, against whom and within what period is the Tenkis Case filed?
Legislation and case law information on heirs with reserved shares, reserved share rates, acquisitions subject to criticism and the order of criticism have been compiled as of October 2026. The provisions of TMK articles 505-507 and 560-571 and HMK article 11 are taken as basis.
The reserved share is the share that the testator cannot touch through death-related savings or certain gratuitous gains, and is guaranteed by the law to the legal heirs. The reserved heirs are the descendants, the mother and father, and the surviving spouse; Siblings have no reserved shares (TMK article 506). The heir whose reserved share is damaged may file a lawsuit for the reduction of earnings exceeding the disposable portion (TCC Art. 560). The lawsuit for compensation must be filed within one year after it is learned that the reserved share has been damaged, and in any case within ten years from the date of opening in wills, and within ten years from the opening of the inheritance in other dispositions (TCC Art. 571). The period is derogatory and is automatically observed by the judge.
The testator cannot dispose of the entire estate as he wishes. The part other than the total of the reserved shares is called the disposable part, and the testator can only dispose of this part freely by means of a will or inheritance contract. The reserved share is found by first calculating the heir's legal inheritance share and then applying the rate in the law to this share (TMK article 506).
mother and father One quarter of the legal inheritance share for each They only inherit if there are no descendants
Surviving spouse (with descendants or parents) Full legal inheritance share The spouse's legal share is completely reserved in these cases.
Surviving spouse (in other cases) Three quarters of the legal inheritance share In case of inheritance alone or with a group of grandparents
The reserved share of siblings was abolished by Law No. 5650 dated 2007. For this reason, the testator can actually eliminate the inheritance of the siblings by death-related disposition.
Death-related savings exceeding the reserved share are subject to reduction. In addition, TMK Article 565 also criticizes some unrequited gains in order to prevent the reserved share rules from being rendered ineffective by inter-company transactions:
Gains made to the legal heir who has lost his/her status as a deduction for his share of the inheritance, transfer of assets to descendants provided that they are not returned, or relief from debt, dowry and foundation capital given unusually, Gains made for the purpose of liquidating inheritance rights before death, donations made by the testator while reserving the right to return freely and donations made within one year before his death, other than customary gifts, open grants made to neutralize the reserved share rules.
The result of this count is important: an ordinary donation made to a third person is not within the scope of Article 565/3, unless it is made within one year before the death of the testator and the right of return is not reserved. This one-year limit does not apply to the transfer of assets to descendants that are subject to non-returnability. In life insurance, the purchase value of the receivable at the time of death is also subject to reduction (TCC Art. 567).
An actual sale or a paid transaction is not subject to criticism. If it is claimed that the sale actually concealed a donation and was made for the purpose of smuggling goods from the inheritance, the dispute is not a matter of criticism but a case of collusion of the deceased. In practice, these two requests can be put forward together in a staggered manner: the court first examines the claim of collusion, and if it does not accept it, it evaluates the request for criticism. In its decision dated 19.02.2026 and numbered E.2025/1918 K.2026/1240, the 1st Civil Chamber of the Supreme Court of Appeals approved the decision stating that in a file in which the claim of collusion was rejected, the request for delayed reduction was filed approximately twelve years after the death and that the limitation period had passed.
3. Who files the Tenkis Case, against whom and where?
The lawsuit is filed by the heir with reserved share whose reserved share has been damaged (TCC Art. 560). The lawsuit is filed against the person who benefits from the gain exceeding the reserved share, that is, the person in whose favor a will was made or the person who received the donation. If the person to whom a deduction is made subject to criticism is of good faith, he is obliged to return what he has left without making any gain at the time of passing the inheritance (TCC Art. 566).
The court of the last place of residence of the deceased has final authority in cases regarding the cancellation of dispositions and dispositions due to death (HMK art. 11/1-a). The claim of criticism can be made at any time through defense (TMK article 571/3). For example, the heir may claim that his reserved share has been damaged in a lawsuit filed against him.
The right to file a lawsuit for compensation expires one year from the date on which the heir learns that his reserved share has been damaged, and in any case, ten years have passed since the date of opening of the inheritance in the case of wills and the date of opening of the inheritance in other dispositions (TCC Art. 571/1). If the cancellation of a decision causes the previous one to come into force, the periods start to run on the date the cancellation decision becomes final.
The beginning of the one-year period is the most debated issue in practice. If it is proven that the violation of the reserved share was known during the decedent's lifetime, the period can be started from the date of death. As a matter of fact, the 7th Civil Chamber of the Supreme Court of Appeals, in its decision dated 14.04.2025 and numbered E.2024/3877 K.2025/1967, approved the decision based on the date of death of the plaintiff in a file determined by witness statements that the subject of the assignment subject to criticism learned during the deceased's lifetime and rejected the case due to the limitation period. In case of a violation by will, the date of opening may be taken into account in terms of time, since the damage to the reserved share can be deemed to be learned as soon as the will is opened and notified to the heir.
Tenkis is first made from death-related savings until the reserved share is completed. If this is not enough, go back from the newest date to the oldest one. Grants made to public legal entities and associations and foundations beneficial to the public are criticized last (TCC Art. 570).
If a certain property that cannot be divided without a decrease in value is subject to reduction, the beneficiary may, if he wishes, request that the property be given to him by paying the value of the part that needs to be reduced, or may request the money that covers the value of the salvageable portion (TCC Art. 564). This rule also applies to inter-right wins. In practice, plaintiffs often request, in their petitions, first the same registration and, in case of indivisibility, the collection of the price on the date on which the right of preference was exercised.
The testator, who has a wife and two children, left his entire estate worth 8,000,000 TL to a close friend by will. The will was opened after death.
Since the spouse's legal share is 1/4 and the children's legal share is 3/8, the spouse's reserved share is 2,000,000 TL, which is the entire share, and each child's reserved share is 1,500,000 TL, which is half of their legal share. The total amount of reserved shares is 5,000,000 TL, and the saveable portion is 3,000,000 TL. The will exceeds this limit by 5,000,000 TL.
The spouse and children file a lawsuit for reduction in the court of the last place of residence of the deceased within one year from the date they learn that their reserved shares have been damaged. The court limits the will to 3,000,000 TL; spouse receives 2,000,000 TL and each child receives 1,500,000 TL.
Can a lawsuit be filed while the testator is alive?
No. The right to compensation arises upon the death of the testator; Even if the transaction that violates the reserved share is known while you are alive, the lawsuit can only be filed after death.
Does your brother have a hidden share?
No. Siblings are not reserved heirs. The testator can actually exclude his siblings from the inheritance through death-related disposition.
Will a donation made three years ago be discounted?
If the donation made to a third person is not made within one year before the death and the right of return is not reserved, it is not subject to criticism within the scope of Article 565/3. Open gains made to descendants, with the aim of neutralizing the transfer of assets and reserved share rules, provided that they are not returned, are also evaluated.
Can criticism be made after the period has expired?
The right to sue is lost and the judge automatically takes the time into consideration. However, the claim of criticism can always be put forward by way of defense in a lawsuit filed by the other party (TMK article 571/3).
Are tenkis and muris muvazaası the same thing?
No. Earnings are valid in Tenkis and only the portion exceeding the reserved share is drawn to the legal limit. In collusion, it is claimed that the apparent transaction does not reflect the real will, but is a disguised donation. Two claims can be opened simultaneously.
Ignoring that learning about the donation during the testator's lifetime may start the period from the date of death.
The reserved share determines the limit of the area that the testator can freely dispose of, and the reduction case is the main legal remedy that the heir can apply in cases where this limit is exceeded. Due to the shortness of the forfeiture periods, the first step is to calculate the reserved share and determine the gains subject to reduction. Küheylan Law Firm follows a strategy that will protect the rights of the heirs in a way that will not be lost under time pressure, from examining the title deed and bank records to the reserved share account, from the systematic preparation of the decedent's collusion and reduction requests to the management of the litigation process.
Important Legal Notice: The information contained in this guide is for general information purposes and does not constitute a legal opinion. The outcome may vary depending on the specific circumstances of each concrete case, the nature of the documents in the file, and the legislative provisions at the relevant date. It is recommended that the process be carried out with the support of a lawyer, in order not to miss the limiting deadlines and to prevent procedural errors.
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