In inheritance law, heirs may bring legal actions based on various claims. Among the most common types of lawsuits in practice are annulment and registration actions due to collusion by the deceased (muris muvazaası), reduction (tenkis) actions, equalization claims, and will annulment cases. Each of these lawsuits, filed by heirs or legatees, has different legal consequences and provides different types of remedies.
However, it is not always predictable which claim may be stronger or more likely to be accepted by the court. In such cases, plaintiffs may raise multiple legal claims within a single petition, requesting that if one is denied, the other be considered. For example, an heir may bring claims based on both collusion and reduction within the same lawsuit. This article focuses specifically on jointly and conditionally asserting the annulment of a will and a reduction claim in one lawsuit.
Below is a detailed explanation of how such lawsuits are filed, the advantages they offer to the claimant, and the obligations of the court when evaluating these claims.
What Is a Will Annulment Lawsuit?
A will annulment lawsuit is a legal action requesting the court to annul a will created by the deceased due to one of the invalidity reasons listed in the Turkish Civil Code. While procedural errors alone do not automatically invalidate a will, in cases of dispute regarding its validity, the interested parties must resort to the courts.
A will can only be deemed invalid by court decision. The legislator has entrusted the parties with this initiative and enabled judicial review of the will's validity.
Grounds for Annulment of a Will:
- Incapacity: The testator lacked legal capacity at the time of making the will.
- Formal Deficiency: The will does not meet legal formal requirements.
- Defective Will: The testator's will was impaired by mistake, fraud, threat, or duress.
- Illegality or Immorality: The will contains provisions contrary to public order, morals, or law.
Example: If the testator had lost mental faculties or prepared a handwritten will without proper formality, this may constitute grounds for annulment.
Competent and Authorized Court:
- Competent Court: Civil Court of First Instance
- Authorized Court: Court in the deceased's last domicile
The annulment may apply to the entire will or only certain provisions. The court rules within the limits of the claim and based on the grounds specified in the lawsuit. If annulment is granted, the will becomes void.
What Is a Reduction Lawsuit?
A reduction lawsuit is filed by heirs with reserved shares who believe their shares have been diminished in inheritance distribution. The goal is to reclaim the statutorily protected share. Only heirs with reserved portions can file this type of lawsuit.
A reduction lawsuit becomes relevant if the deceased has, through lifetime donations or a will, violated the rights of reserved portion heirs.
Example: If the deceased donated all real estate to a second spouse and left nothing to the children, the children may assert a reduction claim based on violation of their reserved share.
Only the heir who files the lawsuit benefits from the outcome. Other heirs with reserved shares must file separate lawsuits.
Asserting Will Annulment and Reduction in the Same Lawsuit (Conditional Claim)
An heir who believes the will is invalid and also that their reserved share was violated may raise both claims in a single petition. This is known as a conditional (terditli) lawsuit.
In a conditional lawsuit:
- Primary Claim: Annulment of the will,
- Subsidiary Claim: Reduction of dispositions.
The court follows these steps:
- First, it evaluates the primary claim for annulment of the will.
- If the conditions for annulment are not met, the court rejects that claim.
- Then, it proceeds to examine the subsidiary reduction claim.
Important: The claimant must be a reserved portion heir; otherwise, the reduction claim will be dismissed.
What Is a Conditional Lawsuit? (Article 111 of HMK)
According to Article 111 of the Turkish Code of Civil Procedure: "The plaintiff may assert multiple claims against the same defendant in the same petition by establishing a principal–subsidiary relationship. The court cannot review the subsidiary claim unless it denies the principal claim."
This structure allows the plaintiff to avoid loss of rights in multifaceted disputes such as inheritance cases, by submitting alternative claims with designated priorities.
Practice in Light of Supreme Court Rulings
The Turkish Court of Cassation has established several principles on this subject:
- If the court denies the will annulment claim, it must still evaluate the reduction claim.
- In conditionally filed lawsuits, each claim must be reviewed and reasoned separately.
- To assess a reduction claim, the estate must be inventoried, an expert report must be obtained, and any infringement of the reserved share must be clearly demonstrated.
Conclusion and Evaluation
Although will annulment and reduction claims are based on different legal grounds, both serve to protect the heir's rights. These claims may be brought together in a conditional format within a single lawsuit, allowing the plaintiff to seek remedies under either basis and minimizing the risk of losing rights.
Proper planning and effective management of such lawsuits require professional legal support. Our team at Solmaz Law & Consultancy is here to assist with all legal matters related to wills and inheritance disputes.
Originally published April 21, 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
