Reduction actions (tenkis lawsuits) are a specific type of lawsuit under Turkish Civil Code, falling within the realm of inheritance law. These lawsuits are initiated by heirs whose legally protected reserved shares have been diminished due to the testamentary dispositions or inter vivos transactions made by the deceased. The primary purpose of a reduction action is to prevent the violation of reserved portions and ensure the heir's statutory rights.
Although these lawsuits are brought by heirs, not every heir is entitled to file a reduction action. Only those who are legally recognized as reserved portion heirs, meaning individuals whose inheritance rights are protected by law, may initiate such a lawsuit. The reason for this restriction is that the action exists solely to protect reserved shares. As a result, only the claimant heir receives their reduced reserved portion if the claim is upheld.
This informational guide presents general details on who may file a reduction action, its purpose and time limitations, the competent court, and the possible legal outcomes.
In What Situations Can a Reduction Action Be Filed?
A reduction action is filed to remedy injustices in the distribution of an inheritance. Its main goal is to legally limit dispositions by the deceased that infringe upon the rights of heirs with reserved shares.
Examples include:
- The deceased may have donated a significant portion of their assets to a second spouse during their lifetime.
- A will may have been prepared leaving the entire estate to a single individual.
- The deceased may have transferred assets to a second spouse to deprive children of their inheritance.
If such actions infringe upon the legal rights of children, spouses, or other reserved portion heirs, those individuals may file a reduction action to claim their share. Only the portion of the disposition that violates the reserved share is deemed invalid and paid to the claimant.
Important Note: A reduction action may only be filed if the dispositions made by the deceased have violated the reserved shares. This is often only identifiable when the entire estate and all gifts are known.
Who Can File a Reduction Action?
A reduction action can be brought only by reserved portion heirs, as defined by the Turkish Civil Code:
- Descendants of the deceased (children, grandchildren),
- Parents of the deceased (if there are no descendants),
- Surviving spouse.
Heirs who do not have a legally protected reserved portion cannot file a reduction action.
Additionally, merely being a reserved portion heir is not enough. The individual must also have an active inheritance right. For example, if the deceased's children and spouse are alive, the parents will not inherit and therefore cannot file a reduction action.
Those who cannot file a reduction action include:
- Heirs who have renounced their inheritance,
- Individuals who have waived their inheritance rights,
- Disinherited individuals.
Even if they would otherwise qualify as reserved portion heirs, these individuals lose the right to file a reduction action.
Time Limits and Competent Court for a Reduction Action
Time limits for reduction actions are statute-barred, meaning failure to file within the designated period results in a loss of the right to sue, and courts will consider this on their own (ex officio).
Relative Time Limit (1 Year from Knowledge):
- A reserved portion heir must file the reduction action within one year from the date they learn that their reserved share has been violated.
- This date may be fixed by the reading of the will, discovery of donations, or realization of asset transfers.
Absolute Time Limit (10 Years Maximum):
- For testamentary dispositions: Within 10 years from the official opening date of the will.
- For other dispositions: Within 10 years from the date of the deceased's death.
Example: If a reserved portion violation is discovered 12 years after the deceased's death, a reduction action cannot be filed, as the 10-year period has expired.
Competent and Authorized Court for Reduction Actions
Reduction actions are property-related lawsuits within inheritance law, making the accurate determination of jurisdiction and venue crucial.
Authorized Court: Last Domicile of the Deceased
- The competent court is the Civil Court of First Instance of the last residence of the deceased.
- This is a matter of public order and cannot be altered by agreement. The court must consider it ex officio.
Example: If the deceased resided in Ankara, the lawsuit must be filed in the Ankara Civil Court of First Instance.
Competent Court: Civil Court of First Instance
- As it pertains to property, the Civil Court of First Instance is the competent court, not the Magistrates' Court.
- Filing in the wrong court may lead to dismissal or transfer, causing delays and additional expenses.
Consequences of Procedural Errors:
- Failure to file within the required time leads to the lawsuit being dismissed outright.
- Filing in the wrong court results in the case being transferred, delaying proceedings and increasing costs.
- If the statute of limitations has expired, the loss of rights is irreversible.
Legal Consequences of a Reduction Action
If the court finds that the deceased's dispositions violate the claimant's reserved share, it will order a reduction (tenkis) of the dispositions. This has significant legal and material consequences.
- Legal Consequence: Limitation of Dispositions (Reduction)
Following a court ruling:
- Inter vivos donations and testamentary dispositions exceeding the reserved portion become invalid to the extent of the excess.
- Only the portion exceeding the reserved share is reduced; the rest remains valid.
- The reduced portion is added to the claimant's inheritance share.
Example: If 90% of the estate was donated to a second spouse and the children are entitled to 50% as reserved share, a reduction action may result in 40% being returned to the children. The remaining 50% remains valid.
- Material Consequence: Return or Payment of Assets
The court may rule:
- For immovable property, to annul the title and register it under the claimant's name.
- If physical recovery is not possible, to pay the claimant the equivalent monetary value.
- The reduced assets return to the estate and are transferred to the claimant according to their share.
This is particularly important for invalidating fraudulent actions aimed at disinheriting rightful heirs.
- Effect Only for the Claimant
- A reduction action benefits only the claimant, as it is a personal right.
- Other heirs must file their own lawsuits to benefit from the reduction.
- Therefore, each heir whose reserved share is violated must file their own case.
- Order of Dispositions Subject to Reduction
The court reduces dispositions in the following order:
- Testamentary dispositions (e.g., wills),
- Inter vivos gifts (donations made during the deceased's lifetime).
This order is critical where multiple dispositions exist and guides how much must be returned from each.
- Retrospective Effect of Reduction
Reduction rulings are retroactive to the date of the deceased's death:
- Invalidated dispositions are deemed void from the start.
- This may cause legal complications concerning property records and third parties acting in good faith.
- However, good-faith acquisitions may still be protected under the Turkish Civil Code.
Conclusion: Protect Your Inheritance Rights with a Reduction Action
A reduction action is an effective legal remedy that protects the rights of heirs with reserved portions by limiting the deceased's unfair dispositions. Through such lawsuits, heirs who suffer from asset concealment, inequality in inheritance, or violations of reserved shares may reclaim their legal entitlements.
If you believe your inheritance rights have been infringed upon, consult an attorney to initiate the reduction lawsuit process.
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.
